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2025 DAILYLAW 116057 (ALL)

MOHD. MAKSOOD ALAM AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. REVENUE DEPTT. LKO. AND 3 OTHERS

WRIC/229/2025 · 2025-01-10

Brij Raj Singh, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:2014-DB Court No. - 2 Case :- WRIT - C No. - 229 of 2025 Petitioner :- Mohd. Maksood Alam And 3 Others Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt. Lko. And 3 Others Counsel for Petitioner :- Yogendra Mishra,Noorain Husain Khan(Niazi),Pushpendra Mishra Counsel for Respondent :- C.S.C.,Surya Prakash Singh Hon'ble Rajan Roy,J. Hon'ble Brij Raj Singh,J. 1. Vakalatnama filed by Shri Surya Prakash Singh, Advocate on behalf of opposite party no. 3 is taken on record. 2. Heard counsel for the parties. 3. Petitioner's counsel says that petitioners are in possession of the land in question since 28.04.1971 on the basis of Izazatnama given by the then Gram Pradhan. 4. Standing Counsel says that with effect from 1969, the approval of the Sub Divisional Magistrate became compulsory. He relies upon the Act No.4 of 1969 therefore, Izazatnama is illegal. Moreover, the counsel for O.P. No.3 says that the Petitioner no.1's wife is the Sabhasad and till recently, they were not in possession. The land in question is recorded as Banjar. The petitioners have filed a civil suit seeking injunction, which is pending. During its pendency, this writ petition is not maintainable. Moreover, he also disputes the possession of the petitioners. 5. In view of the aforesaid, this is not a fit case for interference under Article 226 of the Constitution of India. The petitioners may pursue the civil suit as far as it is maintainable and permissible in law. 6. The writ petition is disposed of. Order Date :- 10.1.2025 Pks [Brij Raj Singh,J.] [Rajan Roy, J.] Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench