ALOK MAURYA AND 2 OTHERS. v. ASST. COLLECTOR, FIRST CLASS/ U.P.- TEHSIL- BISWAN, DISTRICT- SITAPUR AND 7 OTHERS
WRIC/2534/2025 · 2025-03-20
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 128234 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 128234 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:16259 Court No. - 7 Case :- WRIT - C No. - 2534 of 2025 Petitioner :- Alok Maurya And 2 Others. Respondent :- Asst. Collector, First Class/ U.P.- Tehsil- Biswan, District- Sitapur And 7 Others Counsel for Petitioner :- Dileep Kumar Yadav,Basant Lal Yadav Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. Heard. In view of the order proposed to be passed by this Court, notice to the private-respondent(s) is dispensed with. Present petition has been filed seeking following main relief :- i. Issue a writ, order or direction in the nature of mandamus commanding the opposite parties and directing specially opposite party no.- 1 to ensure the compliance of his own order dated 08/12/2022 as well as the order dated 17/08/2024 passed by him and also to ensure again the demarcation of the land gata no.- 1036 pertaining to petitioners in the interest of justice. ii. Issue a writ, order or direction in the nature of mandamus commanding the opposite parties and directing specially opposite party no.- 1 to conduct the measurement of the land of petitioners(gata number- 1036 area 0.134 hectare) by other Revenue Inspector and Revenue officer in place of opposite party no.- 2 & 3 in the interest of justice. Learned Standing Counsel, based upon the instructions received from the Sub Divisional Officer, Biswan, Sitapur dated 17.03.2025, a copy of which is taken on record, submitted that the order dated 17.08.2024 in relation to which the present petition has been filed, an appeal is pending before the Commissioner, Lucknow Division, Lucknow registered as Appeal/Case No. C202410000003374 (Virendra Kumar and Others Vs. Alok and Anr.) in terms of Section 24(4) of U.P. Revenue Code, 2006 (in short "Code of 2006") and in the said appeal the next date fixed is 25.03.2025. Taking note of the aforesaid, at this stage, this Court is not inclined to issue any direction for making compliance of the order dated 17.08.2024 passed in Demarcation Proceedings instituted under Section 24 of the Code of 2006 registered as Computerized Case No. T201810640403275 (Alok and Anr. Vs.
Sarju Prasad and Ors.) and this petition is disposed of with liberty to the petitioners to approach this Court again if cause arises after disposal of the appeal which shall be decided by the appropriate authority within a statutory period as
provided under Rule 183(4) of the U.P. Revenue Code Rules, 2016 made under the Code of 2006 read with Para 458(2) of U.P. Revenue Court Manual. It is made clear that the Court has not examined the case of either of the parties on merits and the authority concerned shall be free to decide the matter strictly in accordance with law. With the aforesaid, the petition is disposed of. Order Date :- 20.3.2025 Mohit Singh/- Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench