SMT. RITA KUMARI v. STATE OF U.P. THRU. THE SECY. REVENUE DEPTT. AND 7 OTHERS
WRIC/2271/2025 · 2025-03-07
Ajai Kumar Srivastava I, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 127208 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 127208 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:14042-DB Court No. - 9 Case :- WRIT - C No. - 2271 of 2025 Petitioner :- Smt. Rita Kumari Respondent :- State Of U.P. Thru. The Secy. Revenue Deptt. And 7 Others Counsel for Petitioner :- Manuvendra Singh Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Ajai Kumar Srivastava-I,J.
1. Heard learned counsel for the petitioner, learned Standing Counsel appearing on behalf of the State Respondents and Sri Mohan Singh,
learned counsel appearing on behalf of Gaon Sabha.
2. This petition has been filed with the following main prayers:-
"(i) Issue a writ, order or direction in the nature of Mandamus commanding to the Opposite Parties specifically respondent no.3- Sub Divisional Magistrate Tehsil- Baldirai Sultanpur to strictly adhere/ execute to provision of section 24(2)(b) of the U.P. Revenue Code, 2006 and to pass appropriate order on application dated 02-07-2024, which is pending in Original Caseno.202304680901362/2022, (Smt. Reeta Devi Vs. Gaon Sabha), in the interest of justice.. (ii) Issue, a writ, order or direction in the nature of Mandamus Commanding to the opposite party no.3 i.e. Sub Divisional Magistrate Tehsil- Baldirai, District- Sultanpur to take a punitive action, against the opposite party no.8, under Section 227 of the Revenue Code, 2006, which is filed by the petitioner through application dated 02-04-2024."
3. In view of the order proposed to be passed, issuance of notice to the private respondents is dispensed with.
4. It has been submitted by learned counsel for the petitioner that the petitioner had moved an application on 05.12.2022 for demarcation under Section 24 for Gata No.406, which was allowed and demarcation was done on 21.10.2023 and Pathar nasab was also done on 29.02.2024. After such Pathar nasab, the private respondent Anshar
Ahmad S/o Istiyaq Ahmad took forcible possession of the land of the petitioner and removed the boundary marks set by the Revenue Officials. The petitioner has approached the Sub Divisional Magistrate Baldirai by means of an application dated 02.04.2024, which has remained pending.
5. Learned Standing Counsel has produced before this Court instructions dated 06.03.2025, wherein it has been stated that on the spot inspection was carried out on 06.03.2025 and it was found that Gata No.406 ad-measuring 0.0870 hectare was in possession of the petitioner. A copy of the on the spot inspection and photographs have been enclosed to such instructions.
6. Instructions are kept on record.
7. In case the petitioner is still dissatisfied with the action taken by the Revenue Officials, the petitioner has a remedy under Section 116 of the U.P. Revenue Code, 2006.
8. This petition is disposed of with a direction to the petitioner to approach the Appropriate Authority under Section 116 of the U.P. Revenue Code, 2006.
Order Date :- 7.3.2025 Rahul Digitally signed by :- RAHUL TRIPATHI High Court of Judicature at Allahabad, Lucknow Bench