Neutral Citation No. - 2025:AHC:109391 Court No. - 35 Case :- WRIT - C No. - 41939 of 2024 Petitioner :- Sudha Chaubey Respondent :- State Of U.P. And 11 Others Counsel for Petitioner :- Saroj Kumar Pandey Counsel for Respondent :- C.S.C. Hon'ble Syed Qamar Hasan Rizvi,J. 1. Heard Sri Saroj Kumar Pandey, learned counsel for the petitioner and Sri Jitendra Narain Rai, learned Additional Chief Standing Counsel for the State-respondents. 2. By means of the present writ petition, the petitioner has prayed for a direction to the Tehsildar, Tehsil- Sadar, District- Varanasi to comply the order dated 23.12.2023 passed by the Deputy Collector, Revenue, Varansi and ensure the Merbandi of the land bearing No.329 ad-measuring area 3600 square feet situated at Mauja Tarna Shivpur, District- Varanasi. 3. Submission of the learned counsel for the petitioner is that the Case No.340 of 2022 filed under Section 24 of the U.P. Revenue Code, 2006 was decided vide order dated 23.12.2023 in favour of the petitioner and the finding recorded by the concerned authority is that the demarcation made by the Revenue Inspector in its report dated 03.07.2018 and also the field book dated 12.05.2018 has been found correct. It is further submitted by the learned counsel for the petitioner that the boundary mark after demarcation has been fixed. The recovered area is 4047 varg kari in which the foundation work has been done. 4. Further submission of the learned counsel for the petitioner is that the filed book has been proved by the Revenue Inspector as such the demarcation report dated 03.07.2018 and field book dated 12.05.2018 is proved and confirmed by the Deputy Collector, Revenue, Varanasi. 5. On the other hand, the learned Additional Chief Standing Counsel on the basis of the instructions dated 29.03.2025 provided by the Tehsildar, Tehsil- Sadar, District- Varanasi, submitted that subsequent reports submitted by the Revenue Inspector dated 12.02.2025 provides that all around the Arazi No.329, number of houses have been constructed and thereafter a railway line also exists and as such regarding the plot in question falling under the densely populated area, Merbandi is not practically possible. 6. In reply to the aforesaid objections, learned counsel appearing on behalf of the petitioner has vehemently denied the contents of the instructions dated 29.03.2025. He submits that the aforesaid report submitted by the Revenue Inspector is absolutely wrong and contrary to the report/field-book dated 03.07.2018. He further submits that the field-book has already been proved by the Revenue Inspector and the demarcation report dated 03.07.2018 and the field book dated 12.05.2018 duly confirmed by the Deputy Collector, Revenue, Varanasi and cannot be disputed by the same authority by way of subsequent report. 7. Taking into consideration the disputed factual matrix involved in the case, this Court is of the opinion that the present writ petition can be disposed of by granting liberty to the petitioner to prefer an appropriate application within a period of two weeks from today, in accordance with the relevant provisions as contemplated under the U.P. Revenue Code Rules, 2016 before the Sub Divisional Officer, Tehsil- Sadar, District- Varanasi. 8. It is provided that in case if such an application is moved within the aforesaid period, the Sub Divisional Officer, Tehsil- Sadar, District- Varanasi (respondent no.4) shall consider and decide the same strictly in accordance with law by passing a speaking order, after affording due opportunity of hearing to the parties concerned, within a maximum period of eight weeks from the date of receipt of the aforesaid application along with copy of this order. 9. It is made clear that this Court, at this stage, has not entered into the merits of the case. 10. With the aforesaid directions, the present writ petition is disposed of. Order Date :- 9.7.2025 Abhishek Gupta Digitally signed by :- ABHISHEK GUPTA High Court of Judicature at Allahabad