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2025 DAILYLAW 119650 (ALL)

OM PRAKASH SHARMA AND OTHERS v. SUB DIVISIONAL OFFICER, TAHSIL IKAUNA, SHRAWASTI AND OTHERS

A227/326/2025 · 2025-01-28

Jaspreet Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:5336 Court No. - 8 Case :- MATTERS UNDER ARTICLE 227 No. - 326 of 2025 Petitioner :- Om Prakash Sharma And Others Respondent :- Sub Divisional Officer, Tahsil Ikauna, Shrawasti And Others Counsel for Petitioner :- Sadhu Sharan Chaubey,Abha Srivastava,Rajesh Kumar Singh Counsel for Respondent :- C.S.C. Hon'ble Jaspreet Singh,J. Heard Shri S.S. Chaubey, learned counsel for the petitioners. Notice on behalf of the respondent No.1 has been accepted by the Office of the Chief Standing Counsel. By means of the instant petition, the petitioners pray for the following relief:- "i. Issue appropriate order or direction the opposite party No.1 to conclude and decide the proceeding of Case No.T202408620206004 under Section 24(1) of U.P. Revenue Code, 2006 Om Prakash Sharma & Others Vs. State of U.P. for demarcation of the land Gata No.1863 area 0.0730 Hectare situated at Village Subikha Pargana-Bahraich, Tahsil-Ikauna, District Shrawasti pending in the Court of Sub Divisional Officer, Ikauna, District Shrawasti and also for direction to the opposite parties to demarcate the land of aforementioned Gata notwithstanding of the status- quo order passed by learned Civil Judge (JD), Shrawasti in respect of adjoining Gata No.1866 of village Subikha Pargana-Bahraich, Tahsil- Ikauna, District Shrawasti, in order to secure the ends of justice." The submission of the learned counsel for the petitioners is that even though a civil suit is engaging the attention of the Civil Court, despite the same, an application filed by the petitioners under Section 24 of the U.P. Revenue Code, 2006 (for short, 'the Code, 2006'), which may be expedited. Despite the interim order passed in civil proceedings, the private-respondents are said to have been encroached upon the land of the petitioners. Having considered the aforesaid and perusal of the record, apparently, except order-sheet dated 09.10.2024, no other order- sheet has been brought on record to indicate as to how the proceedings are pending and being taken forward before the respondent No.1. Learned standing counsel, on the other hand, has provided a copy of the written instructions under the signatures of Sub Divisional Magistrate, Ikauna, District Shrawasti dated 24.01.2025 for the perusal of the Court, which is taken on record and it has been stated that the case of the petitioners under Section 24 of the Code, 2006 was dismissed for want of prosecution on 09.11.2024. It has further been pointed out that an application for recall has also been moved on 11.11.2024 which is pending adjudication. Having considered the aforesaid, apparently, the petitioners have not disclosed the true and correct facts. Neither the complete order-sheets have been brought on record as already noticed above, nor there is any averment in the petition that the case of the petitioners was dismissed for want of prosecution and the application for recall is pending. For all the aforesaid reasons, this Court is not inclined to exercise its discretion for entertaining the petition which is accordingly dismissed with a cost of Rs.2,500/- to be deposited by the petitioners with the Mediation and Conciliation Centre of this Court within a period of one week from today. Order Date :- 28.1.2025 Rakesh/- Digitally signed by :- RAKESH PRAJAPAT High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAKESH PRAJAPAT High Court of Judicature at Allahabad, Lucknow Bench