Santosh v. State Of U.P. And 5 Others

Hon'ble Saurabh Srivastava,J.

Heard learned counsel for the petitioner and learned A.G.A. for the State.

The instant petition has been preferred for challenging the order dated 09.10.2024 passed by learned Session Judge, Gorakhpur in Criminal Revision No.249 of 2024 (Krishna Murari & Others Vs. State of U.P. & Another) and further prayed to direct the respondent nos.2 and 3 to comply with the order dated 06.07.2024 and evict the land of way from illegal encroachment made by respondent nos.4 to 6 from Arazi No.457, area 23 Decimal new No.200 situated at Village Belkur, Police Station Gagaha, Tehsil Bansgaon, District Gorakhpur.

It is the case of petitioner that on account of illegal encroachment made by respondent nos.4 to 6, petitioner preferred a complaint to respondent no.2/Sub Divisional Magistrate, Bansgaon, District Gorakhpur, wherein after direction of concerned Sub Divisional Magistrate, revenue team along with concerned police station inspected the spot and found that respondent nos.4 to 6 illegally encroached the land in question and the said report was submitted on 22.08.2020. Thereafter, on 19.09.2020 petitioner filed a suit before respondent no.2 under section 133(1) Cr.P.C. with a prayer to direct the concerned police to vacate the land in question, wherein vide order dated 29.01.2021, respondent no.2 issued show cause notice against respondent nos.4 and 5 and called their reply and thereafter respondent no.2 culminated the proceedings under section 133(1) Cr.P.C. vide order dated 06.07.2024, through which respondent no.2 confirmed the order dated 29.01.2021 and directed the concerned police station to evict/open the land in question from the illegal possession of respondent nos.4 to 6; being aggrieved with the order dated 06.07.2024, respondent nos.4 to 6 preferred Criminal Revision No.249 of 2024 (Krishna Murari and Others Vs. State of U.P. and Another), through which order dated 06.07.2024 has been set-aside and the matter is remitted back to learned concerned court to decide afresh vide order dated 09.10.2024, which impugned the present petition.

Learned counsel for the petitioner submitted that the impugned order dated 09.10.2024 passed by learned revisional court is illegal, arbitrary and against the law, which has been passed without giving proper opportunity of hearing to the petitioner and as such the same is liable to be set-aside.

Per contra, learned A.G.A. vehemently opposed the prayer as made in the petition and rebutted the stand taken up by learned counsel for petitioner and supported the order dated 09.10.2024 passed by learned revisional court by way of submitting that through order impugned learned revisional court has remit the matter back to learned court concerned to decide afresh, wherein no prejudice has been caused to the petitioner.

Considering the facts and circumstances of the case and by bare perusal of record, this Court finds no infirmity and illegality in the order impugned dated 09.10.2024 as well as there is scope of interference by this Court in the order impugned and as such petition lacks merit and is hereby dismissed. Order Date :- 16.1.2025 Saif