PRAHALAD AND 3 OTHERS v. STATE OF U.P. THRU. ITS PRIN. SECY. DEPTT. OF REVENUE LKO. AND 4 OTHERS
WRIC/2594/2025 · 2025-03-20
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 128275 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 128275 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:16302 Court No. - 7 Case :- WRIT - C No. - 2594 of 2025 Petitioner :- Prahalad And 3 Others Respondent :- State Of U.P. Thru. Its Prin. Secy. Deptt. Of Revenue Lko. And 4 Others Counsel for Petitioner :- Rakesh Dwivedi,Krishna Mohan Pandey Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. Heard learned counsel for the petitioners and learned State counsel for the State-respondents. By means of this petition, the petitioners have sought the following main reliefs:-
"(i) Issue a writ, order or direction in the nature of Certiorari thereby quash the impugned order dated 27.11.2024 passed by opposite party no. 4 i.e. Sub Divisional Magistrate (Judicial), Kadipur, District-Sultanpur in Case No. 89/2010-2011, U/s 229B U.P.Z.A. & L.R. Act (contained at Annexure No. 2 to this writ petition). (ii) Issue a writ, order or direction in the nature of Mandamus commanding the opposite parties particularly opposite party no. 3 and 4 to restrained the opposite party no. 5 in peaceful possession of the petitioner over the his land Gata No. 420 area measuring 0.0630 hectare situated at Village-Malapur, Jagdishpur, Narayan Para, Pargana- Aldemau, Tehsil-Kadipur, District-Sultanpur to the extent of report dated 11.10.2012 submitted by the Revenue Inspector. (iii) Issue a writ, order or direction in the nature of Mandamus thereby commanding and directing the opposite parties to conduct enquiry regarding Gata No. 420 area measuring 0.0630 hectare situated at Village-Malapur, Pargana-Aldemau, Sultanpur." Vide order impugned dated 27.11.2024, the respondent No. 4/Sub Divisional Magistrate (Judicial), Kadipur, District- Sultanpur decided the Case No. 89/2010-2011, instituted under Section 229-B of U.P.Z.A. & L.R. Act. At the outset, Shri Hemant Kumar Pandey, learned Standing Counsel appearing for the State-respondents states that the
order impugned is not liable to be interfered with by this Court in view of statutory remedy available under the statute itself. In continuation, he further submits that order impugned dated 27.11.2024 can be assailed before the appropriate authority.
The remedy available to the petitioner under the statute itself has not been disputed. Taking note of the statutory remedy being available to the petitioner, this Court is not inclined to entertain the present petition. Accordingly, the instant petition is disposed of with the liberty to the petitioner to avail the remedy available under the statute itself. In case, the petitioner avails the remedy as available under the statute, the same shall be decided, as per law, after affording full opportunity of hearing to the parties. It is made clear that this Court has not gone into the merits of the claim set forth by the petitioner.
Order Date :- 20.3.2025 Mohit Singh/- Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench