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2025 DAILYLAW 121964 (ALL)

JUBER AHMAD v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. REVENUE LKO. AND 5 OTHERS

WRIC/1131/2025 · 2025-02-10

Om Prakash Shukla, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:8417-DB Court No. - 2 Case :- WRIT - C No. - 1131 of 2025 Petitioner :- Juber Ahmad Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Revenue Lko. And 5 Others Counsel for Petitioner :- Sushil Kumar Singh,Ayush Singh Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. 1. Supplementary affidavit filed today by learned Counsel for the petitioner is taken on record. 2. Heard. 3. The petitioner herein claims interference of official opposite parties in land forming part of Gata No.2394 of which there are several co-tenure holders. An FIR has been lodged by one Shiv Kumar who is also a tenure holder of the said gata alleging grabbing of his land by the petitioner. No doubt, the land has not been partitioned as yet, as stated by the Standing Counsel and petitioner's counsel, therefore, if the petitioner had purchased any part of land and the other tenure holders have any objection then there are remedies prescribed in this regard in law whether it be under the civil/revenue law. 4. It is not a case where the petitioner is in possession of land regarding which he does not have any title whether based on any deed or possession but this is a case where part of the land bearing Gata No.2394 is claimed to have been purchased by the petitioner. Of course, the Standing Counsel says he has sold of much more than what he had purchased but then if it is so then so far as the co-tenure holders are concerned they can seek remedies before the civil/revenue courts as the case may be. Of course, if a criminal offence is made out the police can investigate it and file a police report as per law but so far as the Lekhpal and other revenue authorities are concerned they cannot possibly undertake any exercise unless there is a proceeding for partition before the competent court or any other proceeding registered and is being conducted under the revenue statute. On being asked, we have not been informed about pendency of any such proceeding. 5. In these circumstances, without prejudice to the rights, if any, of any co-tenure holder of the said gata to initiate such proceedings as may be required whether before the civil/revenue court or under the criminal law and without prejudice to the investigation pending against the petitioner in respect of an FIR lodged by Shiv Kumar which may go on as per law but so far as revenue officials are concerned they should not interfere in a private dispute such as the case at hand except in so far as it may be permissible under the U.P. Revenue Code, 2006 or any other statute. 6. With the aforesaid observations, we dispose of this writ petition. [Om Prakash Shukla, J.] [Rajan Roy, J.] Order Date :- 10.2.2025 -Piyush- Digitally signed by :- PIYUSH YADAV High Court of Judicature at Allahabad, Lucknow Bench