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2025 DAILYLAW 127530 (ALL)

LALLAN v. STATE OF U.P. THRU. ADDL. CHIEF SECY. REVENUE GOVT. LKO AND 5 OTHERS

A227/1281/2025 · 2025-03-10

Jaspreet Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:14529 Court No. - 8 Case :- MATTERS UNDER ARTICLE 227 No. - 1281 of 2025 Petitioner :- Lallan Respondent :- State Of U.P. Thru. Addl. Chief Secy. Revenue Govt. Lko And 5 Others Counsel for Petitioner :- Mohiuddin Khan Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey Hon'ble Jaspreet Singh,J. 1. Heard the learned counsel for the petitioner. Notice on behalf of the respondents no.1 to 4 has been accepted by the office of the Chief Standing Counsel. Shri Dilip Kumar Pandey, learned counsel has accepted notice on behalf of the Gaon Sabha. 2. The petitioner has filed this petition seeking the following reliefs:- (i) Issue an order, or direction commanding the respondent No.03/SDM, BKT, Lucknow to register the Execution Case of the petitioner, which was filed on 30.01.2023 under Paragraph- 640 of the U.P. Revenue Court Manual and decide the same in accordance with law, as contained in Annexure no.1 to this petition. (ii) Issue an order or direction commanding the respondent No.03/SDM, BKT, Lucknow to take appropriate action on application of the petitioner dated 05.02.2025 for registering and disposal of the Execution Case of the petitioner, which was filed on 30.01.2023 under paragraph 460 of the U.P. Revenue Court Manual, as contain in Annexure No.12 to this petition. (iii) Issue an order, or direction commanding the respondent no.03 and 04 to record the name of the petitioner in the revenue records, in pursuance of the judgment and order dated 22.09.2022 passed by the Sub Divisional Magistrate, Bakshi Ka Talab, District Lucknow in Declaratory Suit No.15104/2020 (Lallan Vs. State of U.P. and others), as contained in annexure no.8 to this petition. 3. In paragraph-2 of the petition, it has been stated that on account of inaction of the respondent no.3, the petitioner had been compelled to move the instant petition as the petitioner had filed an application in terms of Regulation 460 of the UP. Revenue Code Manual on 30.01.2023 and since then the said application has not been registered. 4. The Court had required the learned Standing Counsel to seek instructions in the matter and as per the written instructions dated 10.03.2025 under the signatures of Sub Divisional Magistrate, BKT, Lucknow. It has been informed that true and correct facts are not being disclosed by the petitioner. It is stated that against the order dated 22.09.20222 of which execution is being sought, the same has been appealed and the appeal is being before the Additional Commissioner (Administration), Lucknow Division wherein the record has been summoned. 5. It has also been urged that in so far as the application of the petitioner is concerned, the same has also been entertained and as late as on 04.09.2023 an order was passed indicating that the records of the original case have been summoned in an appeal and till such time it is not appropriate to proceed with the application for execution. 6. Significantly, there is neither any challenge to the said order nor there is any reference in the entire petitioner regarding the same. It has also not been indicated by the petitioner that the order of which the execution is sought have been assailed in an appeal. 7. Accordingly, this Court does not find that the petitioner has approached this Court with candid and complete disclosure. Accordingly, the petition for the aforesaid reason that it does not disclose true and correct facts including the fact that the appeal is pending and it has also not been indicated that after the petitioner had filed the application what efforts were made to ascertain the aforesaid facts. Both regarding the movement of his application and the order passed thereon on 04.09.2023 as well as the pendency of the appeal, hence the petition is dismissed with the cost of Rs.2500/- to be deposited with the Mediation and Conciliation Centre of this Court within ten days from today. Order Date :- 10.3.2025 ank Digitally signed by :- ALI NEWAZ KHAN High Court of Judicature at Allahabad, Lucknow Bench