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2025 DAILYLAW 119976 (ALL)

RAJESH KUMAR SINGH v. STATE OF U.P. THRU. PRIN. SECY. REVENUE DEPTT., LKO. AND 3 OTHERS

WRIC/812/2025 · 2025-01-28

Jaspreet Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:5540 Court No. - 8 Case :- WRIT - C No. - 812 of 2025 Petitioner :- Rajesh Kumar Singh Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt., Lko. And 3 Others Counsel for Petitioner :- Rahul Srivastava Counsel for Respondent :- C.S.C.,Pankaj Gupta Hon'ble Jaspreet Singh,J. 1. Heard learned counsel for the petitioner. 2. Notice on behalf of respondent nos.1 and 2 has been accepted by the ofÏce of learned Chief Standing Counsel. Shri Pankaj Gupta has accepted notice on behalf of respondent no.3. 3. The petitioner has filed this petition seeking execution/compliance of the order dated 2.1.2023, which has been passed by the Tehsildar (Judicial) in proceedings under Section 67 of the U.P. Revenue Code, 2006 ( hereinafter referred to as "Code of 2006"): Gram Samaj Vs. Shahid Ali. 4. The court has put a specific query to the petitioner as to whether he was party to the suit to which he answered in negative, however he submits that the said proceedings were initiated on his complaint. 5. Be that as it may, once the petitioner made a complaint and the proceedings under Section 67 of the Code of 2006 was started, the petitioner otherwise does not have a locus to intervene in the said proceedings. Even though the order dated 2.1.2023 has been passed but it has not been indicated by the petitioner as to whether against the said order, any appeal, revision or a recall has been filed by the private respondent who is the aggrieved party. 6. Learned Standing Counsel, on the other hand, submits that against the order of which compliance is sought, the private respondent has filed an appeal which is engaging the attention of the first appellate court. 7. In view of the statement, so made, this court does not find that the the petitioner has ample locus and even otherwise once the appeal is pending, this court will not issue a mandamus as prayed. 8. Accordingly, this petition is dismissed. Order Date :- 28.1.2025 Shukla Digitally signed by :- ASHUTOSH KUMAR SHUKLA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHUTOSH KUMAR SHUKLA High Court of Judicature at Allahabad, Lucknow Bench