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2025 DAILYLAW 109448 (ALL)

ISLAHUDDIN v. State of UP AND 2 OTHERS

WRIC/40040/2024 · 2025-05-07

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:74900 Court No. - 35 Case :- WRIT - C No. - 40040 of 2024 Petitioner :- Islahuddin Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Sunil Kumar Counsel for Respondent :- C.S.C. Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the record. 2. The writ petition has been filed for the following reliefs: "i) Issue writ, order or direction in the nature of certiorari to quash the e-auction proceeding of Gata No. 3434mi, 3435mi, 3436, 3438, 3439, 3630mi, 4962mi, 4997mi, 4999mi, 5000mi, 5001mi, 5002mi, 5003mi, Village Bhusasi, Tehsil Atarra, District- Banda and Gata No. 3635b, 4582/2mi 4724/2mi, 4725/2mi, 5154/1mi, 5155/1mi, 5157/1mi, 5285/2mi, 6567/2 mi, Village Udaypur, Tehsil- Atarra, District- Banda, published in daily news paper, 'Hindustan'. ii) Issue writ order or direction in the nature of mandamus directing the respondent no. 3, to decide the application dated 15.10.2024 moved under section 24 of U.P. Revenue Code 2006, regarding the re-measurement/demarcation of the land in question. ii) Issue writ order or direction in the nature of mandamus directing the respondent no. 3, to mutated the name of the petitioner in the revenue records with regard to Gata No. 3438, 3439, 3325, 3535, 3436, 3630, 4762, 4997, 3434, 5154, 5155, 3635, 4582/2, 5157, 282/7837 and re-survey the aforesaid land." 3. Learned Standing Counsel has raised preliminary objection that the petitioner has moved a miscellaneous application but the proper course for the petitioner is to move an application under Section 24 of the U.P. Revenue Code, 2006 to get his land demarcated. 4. U.P. Revenue Code, 2006 is a self contain Code wherein the petitioner may ventilate his grievance. In view of the same, I am not inclined to interfere in the matter. 5. In case, the petitioner moves an application under Section 24 of the U.P. Revenue Code, 2006 within two weeks from today, the same may be considered and decided by the concerned Sub Divisional Magistrate, expeditiously, preferably within a period of twelve weeks thereafter, in accordance with law, after providing opportunity of hearing to all concerned parties provided there is no other legal impediment. 6. With the aforesaid observation, this petition stands disposed of. Order Date :- 8.5.2025 Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad