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2025 DAILYLAW 123986 (ALL)

SAMEER KUMAR PATHAK AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. REVENUE, LKO. AND OTHERS

WRIC/1555/2025 · 2025-03-17

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:15658 Court No. - 7 Case :- WRIT - C No. - 1555 of 2025 Petitioner :- Sameer Kumar Pathak And 2 Others Respondent :- State Of U.P. Thru. Prin. Secy. Revenue, Lko. And Others Counsel for Petitioner :- Rakesh Kumar Srivastava Counsel for Respondent :- C.S.C.,Manoj Kumar Mishra Connected with Case :- WRIT - C No. - 1602 of 2025 Petitioner :- Sameer Kumar Pathak And 2 Others Respondent :- State Of U.P. Thru. Prin. Secy. Revenue, Lko. And Others Counsel for Petitioner :- Rakesh Kumar Srivastava Counsel for Respondent :- C.S.C.,Manoj Kumar Mishra Hon'ble Saurabh Lavania,J. 1. Both the petitions being similar are being disposed of this order. 2. Heard Shri Rakesh Kumar Srivastava, learned counsel for the applicants, Shri Manoj Kumar Mishra, learned counsel for opposite party nos.4, 5 & 6, learned Standing Counsel for the State and perused the material available on record. 3. Writ-C No.1555 of 2025 has been filed for the following main relief(s):- "Issue a writ, order or direction in the nature of Certiorari quashing the order dated 30.12.2024 passed by opp. party no. 2 i.e. Assistant Record Officer Ayodhya in Case No. 3401 of 2022 (Computerised Case No. D202204230003401) Mangal Prasad Vs Jairam & Others under Section 229B of U.P. Zamindari Abolition & Land Reforms Act 1950 rejecting the restoration/recall application for recalling the order dated 25.04.1987 passed in Case No. 42/78 of 1987 relating to Khata No. 172, Plot No. 1430 area 0- 18-5 & Plot No. 1400Da area 0-11-0 and of Khata No. 386 Plot No. 1430 area 2-6-10 situated in Village-Manjha Barhata, Pergana-Haveli Avadh, Tehsil-Sadar, Distt.-Faizabad, as contained in Annexure No. 1 to the writ petition." 4. Writ -C No.1602 of 2025 has been filed seeking the following main relief(s):- "1. Issue a writ, order or direction in the nature of Certiorari quashing the order dated 30.12.2024 passed by opp. party no. 2 i.e. Assistant Record Officer Ayodhya in Case No. 3919 of 2022 (Computerised Case No. D202204230003919) Mangal Prasad Vs Jairam & Others under Section 229B of U.P. Zamindari Abolition & Land Reforms Act 1950 rejecting the restoration/recall application for recalling the order dated 01.09.1987 passed in Case No. 43/79 of 1987 relating to Khata No. 386, Plot No. 1396 area 0-8-0 situated in Village-Manjha Barhata, Pergana-Haveli Avadh, Tehsil- Sadar, Distt.- Faizabad, as contained in Annexure No. 1 to the writ petition." 5. In view of the statutory remedy available to the petitioners, as appears from the conjoint reading of Rule 27(3) of Uttar Pradesh Land Revenue (Survey and Record Operation) Rules, 1978 and Section 219 of the U.P.Z.A. & L.R. Act, 1901, this Court is not inclined to entertain this petition. It is accordingly disposed of with liberty to the petitioners to file a revision before the concerned court. In case such a revision is filed, the same shall be decided most expeditiously. 6. It is also open for the petitioner(s) to move an application seeking interim protection. If such an application is preferred, the same shall be decided as per law after giving proper opportunity of hearing to the parties concerned most expeditiously. Order Date :- 17.3.2025 Anand/- Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench