PRAKASH CHANDRA TIWARI v. STATE OF U.P. AND 6 OTHERS
WRIC/43227/2024 · 2025-07-02
Prakash Padia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 113305 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 113305 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:103847 Court No. - 33 Case :- WRIT - C No. - 43227 of 2024 Petitioner :- Prakash Chandra Tiwari Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Gyanendra Kumar Mishra,Ramesh Kumar Mishra Counsel for Respondent :- Bhupendra Kumar Tripathi,C.S.C. Hon'ble Prakash Padia,J.
1. The petitioner has preferred the present petition with the following prayers:-
2. It appears from perusal of the representation, copy of which is appended as Annexure No.7 to the petition that the proceedings initiated under Section 67 of U.P. Land Revenue Code, was initiated against one Sri Subhash Chandra who is according to the petitioner, his real brother. In the said proceedings, an order was passed against Sri Subhash Chandra by the Tehsildar, Tehsil Machhalishahar District Jaunpur on 03.11.2023. Aggrieved with the aforesaid order, the petitioner filed restoration application on 10.11.2023 which was also dismissed and the aforesaid order has become final between the parties. 3. It is argued by learned counsel for the petitioner that against the decision dated 03.11.2023 passed by the Tehsildar, Tehsil Machhalishahar District Jaunpur, brother of the petitioner filed statutory appeal as provided under Section 67(5) of U.P. Land Revenue Code, 2006 which was also dismissed on 12.01.2024. It is argued that against the aforesaid orders, brother of the petitioner filed a writ petition before this Court which is still pending. It is argued that taken into consideration of the aforesaid aspect of the
matter, a representation has been made by the petitioner before the Principle Secretary, (Revenue Department), Government of U.P. Lucknow/respondent No.1 on 22.06.2024 to initiate proceedings against the concerned Tehsildar and District Magistrate for not following the verdict given by this Court in the case of Rishi Pal & Others Vs. State of U.P. & Others (Writ-C No.1192 of 2013). 4. Heard learned counsel for the parties and perused the record. 5. From perusal of the record, it is clear that the proceedings under Section 67 of U.P. Land Revenue Code, 2006 was initiated against Sri Subhash Chandra who is brother of the petitioner in which orders were passed against him. Insofar as the recall application filed by the petitioner against the order dated 03.11.2023 is concerned, the same has already been dismissed as per oral averments made by the petitioner before this Court.
It is also argued by the counsel for the petitioner that after the aforesaid recall application was rejected no further proceedings were initiated by the petitioner before any competent of law. In the meanwhile brother of the petitioner also preferred statutory appeal as provided under Section 67(5) of the Code, 2006 which was also dismissed on 12.01.2024. 6. Against the aforesaid orders, brother of the petitioner also preferred a writ petition before this Court which is also pending
consideration in which according to the petitioner no interim order was passed.
7. In this view of the matter, the Court is of the opinion that the orders passed in the proceedings initiated under Section 67 of the U.P. Land Revenue Code, 2006 are in judicial in nature which cannot be adjudicated in administrative side. Apart from the same against the decision taken by the revenue authorities in the
proceedings initiated against the brother of the petitioner, his writ petition is pending before this Court.
8. In view of the above, no case is made out for issuance of mandamus by this Court and the petition is liable to be dismissed.
9. Accordingly, the petition devoid of merits and the same is hereby dismissed.
10. No order as to costs.
Order Date :- 3.7.2025 saqlain Digitally signed by :- SYED MOHAMMAD SAQLAIN HAIDER High Court of Judicature at Allahabad