Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:38719 Court No. - 33 Case :- WRIT - C No. - 40351 of 2024 Petitioner :- Arvind Kumar Yadav Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Ram Sanehi Yadav,Sidh Nath Singh Counsel for Respondent :- C.S.C.,Krishna Kant Singh Hon'ble Prakash Padia,J.
1. Present writ petition has been filed by the petitioner inter-alia with the prayer to direct the respondent nos. 2 and 3 to fix the boundary of the petitioner's land which forcefully merged into their land by private respondent nos. 4 to 6 after fixing the boundaries by revenue department, which consisting Gata No. 204 of Khata No. 98, area 1.765 hectares, situated at Mauza Bersamai Pargana and Tehsil Sikandra Rao, District Hathras in pursuance of the order dated 30.01.2024 passed by the respondent no.3. 2. It appears that contesting respondent nos. 4 to 6 submitted an application under Section 24 of U.P. Revenue Code, 2006 against the present petitioner and others in the Court of respondent no.3- Sub Divisional Magistrate Sikandra Rao, District Hathras, which was numbered as Case No. 49081 of 2024, copy of which is appended at page 35 of the paper book. 3. It is argued by the learned counsel for the petitioner that after the order dated 30.01.2024 was passed in favour of the petitioner by the respondent no.3-Sub Divisional Magistrate Sikandra Rao, District Hathras, initially a demarcation has been done, but subsequently, the private respondent nos. 4 to 6 forcefully broken the boundary marks, hence the prayer has been made to direct the authorities concerned to do the needful in the matter as per order dated 30.01.2024. 4. Against the order dated dated 30.01.2024, the private respondent nos. 4 and 5 preferred an appeal before the Commissioner Aligarh Division, Aligarh on 20.03.2024, which was numbered as Case No. 387 of 2024 in which the effect and operation of the order dated 30.01.2024 passed by respondent no.3-Sub Divisional Magistrate Sikandra Rao, District Hathras was stayed vide order dated 14.08.2024. Though the aforesaid order was appended at page 40 of the paper book, but the same has not been placed before
this Court. 5.
In view of the aforesaid, this Court is of the opinion that once again the order of compliance has been sought for by the petitioner in the present writ petition, is still pending in the statutory appeal filed by the private respondents, as such no relief should be granted to the petitioner. 6. The present writ petition is dismissed. Order Date :- 18.3.2025 T.S. Digitally signed by :- TRIBHUWAN SINGH High Court of Judicature at Allahabad Digitally signed by :- TRIBHUWAN SINGH High Court of Judicature at Allahabad