Allahabad High Court
WRIC/11459/2025 of SMT. KAMRUL NISHA Vs STATE OF U.P. THRU. ADDL. SECY. REVENUE, LKO. AND OTHERS on 5 December 2025
JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 11459 of 2025 Court No. - 5 HON'BLE ALOK MATHUR, J. 1. Heard learned counsel for the petition as well as learned Standing Counsel for respondents no. 1 to 4 an Shri Mohan Singh, learned counsel for respondent no.5. 2. The petitioner, in the present
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
WRIT - C No. - 11459 of 2025
Court No. - 5
HON'BLE ALOK MATHUR, J.
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1. Heard learned counsel for the petition as well as learned Standing Counsel for respondents no. 1 to 4 an Shri Mohan Singh, learned counsel for respondent no.5.
2. The petitioner, in the present writ petition, has prayed for following reliefs:- "(i) issue a writ, order or direction in the nature of certiorari quashing the impugned eviction notice dated 08.11.2025 issued by the Tehsildar, Tehsil Gauriganj, District Amethi in pursuance of the order dated 05.12.2023 to vacate the premises/ house in question over the gata no. 1876 (area 0.0890 hectares) situated at village Pure Subedar, H/o Ainghi, Pargana Gaura Jamo, Tehsil Gauriganj, District Amethi as contained in Annexure No.1, in the interest of justice.
(ii) issue a writ, order or direction uin the nature of mandamus to stay the operation and implementation of the impugned eviction notice dated 08.11.2025 issued by the Tehsildar, Tehsil Gauriganj, District Amethi in pursuance of the order dated 05.12.2023 to vacate the premises/ house in question over the gata No. 1876 (area 0.0890 hectares) situated at Village Pue Subear, H/o Anghi, Pargana Gaura Jamo, Tehsil Gauriganj, District Amethi as contained in Annexure No.1 to this writ petition. And further the Tehsildar, Tehsil Gauriganj, District Amethi be command not act upon the impugned eviction notice dated 08.11.2025 during pendency of the recall application, in the interest of justice." Versus Counsel for Petitioner(s) : Mohammad Imaran Counsel for Respondent(s) : C.S.C., Mohan Singh Smt. Kamrul Nisha .....Petitioner(s) State Of U.P. Thru. Addl. Secy. Revenue, Lko. And Others .....Respondent(s)
3. It has been submitted that the proceedings under Section 67 of the U.P. Revenue Code was initiated against the husband of the petitioner, who is presently in incarcerated in jail and it is on this account that the petitioner has filed the present writ petition.
4. It has further been submitted that the application for recall, which is filed by the husband of the petitioner is still pending consideration before the Tehsildar, Tehsil Gauriganj, District Amethi and as prayed that till such an application is decided, no coercive action be taken against the petitioner.
5. After arguing the matter at some length, counsel for the petitioner submits that grievances of the petitioner shall be redressed, in case the Tehsildar, Tehsil Gauriganj, District Amethi is directed to consider and decide the recall application expeditiously, say within a period of four weeks, in accordance with law.
6. Accordingly, the petition is disposed of with direction to the Tehsildar, Tehsil Gauriganj, District Amethi to consider and decide the recall application expeditiously, say within a period of four weeks, in accordance with law. December 5, 2025 Muk WRIC No. 11459 of 2025 2 (Alok Mathur,J.) Digitally signed by :- MOHD UMAR KHAN High Court of Judicature at Allahabad, Lucknow Bench