Allahabad High Court
WRIC/10401/2025 of OMKAR NATH Vs STATE OF U.P. THRU. DISTRICT MAGISTRATE, SHRAWASTI AND OTHERS on 10 November 2025
JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 10401 of 2025 Court No. - 5 HON'BLE ALOK MATHUR, J. Heard learned counsel for the petitioner as well as learned Standing counsel on behalf of the respondents. 1. The prayer made in the present writ petition is for a direction to opposite party No.3
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
WRIT - C No. - 10401 of 2025
Court No. - 5
HON'BLE ALOK MATHUR, J.
Heard learned counsel for the petitioner as well as learned Standing counsel on behalf of the respondents.
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1. The prayer made in the present writ petition is for a direction to opposite party No.3 i.e. Tehsildar/Assistant Collector, Tehsil- Ikauna, District Shrawasti to execute the orders passed under Section 67 of U.P. Revenue Code and to remove the illegal encroachment made by Ashok Kumar, Shiv Kumar, Janardan Prasad, Vinod Kumar and Shobha Ram.
2. Learned Standing counsel has opposed the writ petition stating that firstly the persons against whom demolition orders are sought they have not been made parties. Apart from the above, the petitioner cannot be said to be an aggrieved person in as much as he is a complainant in proceedings under Section 67 of U.P. Revenue Code and cannot contest the said case as being a necessary party.
3. It is noticed that the persons against whom the order is sought to be executed have not been made parties. Apart from the above, the petitioner does not fall under the category 'aggrieved' in as much as the proceedings under Section 67 were concluded and aforesaid persons have been found to be the illegal encroachers. It is expected that the State-respondents shall proceed in the matter in accordance
4. Versus Counsel for Petitioner(s) : Ram Prasad Dwivedi Counsel for Respondent(s) : C.S.C. Omkar Nath .....Petitioner(s) State Of U.P. Thru. District Magistrate, Shrawasti And Others .....Respondent(s)
with law. No interference can be made in the circumstances of the case, especially considering the fact that the persons against whom demolition orders are sought to be executed are not the parties.
It is for the aforesaid reasons that no ground for interference is made out as prayed for by the petitioner. Subject to aforesaid observations, the petition stands dismissed.
5. November 10, 2025 RKM. WRIC No. 10401 of 2025 2 (Alok Mathur,J.) Digitally signed by :- RAKESH KUMAR MAURYA High Court of Judicature at Allahabad, Lucknow Bench