MUNNI LAL AND 4 OTHERS v. DIST. MAGISTRATE SULTANPUR AND 6 OTHERS
WRIC/2871/2025 · 2025-03-27
Om Prakash Shukla, Rajan Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 129821 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 129821 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:17603-DB Court No. - 2 Case :- WRIT - C No. - 2871 of 2025 Petitioner :- Munni Lal And 4 Others Respondent :- Dist. Magistrate Sultanpur And 6 Others Counsel for Petitioner :- Rajesh Kumar Shukla,Yogesh Prajapati Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J.
1. Heard.
2. It is alleged that 61 persons were given leases in respect of Gata No.926 and in respect of 11 leases proceeding for cancellation was initiated under Section 198(4) of the U.P. Zamindari Abolition and Land Reforms Act, 1950 which culminated in the order dated 15.07.1995. On a reading of order dated 15.07.1995, we find that the said proceeding did not culminate in cancellation of the pattas on account of non- impleadment of 61 lessees, however, at the same time the Collector issued an order to the Tehsildar for proposing such cancellation suo-moto.
3. On account of this order dated 15.07.1995, it is alleged that the official opposite parties and private opposite parties are attempting to interfere in the petitioners' possession, all of whom claim to be recorded in the revenue records. However, it has also been informed that the order dated 15.07.1995 has been challenged by the petitioners by way of a revision before the Commissioner, under Section 333 of the U.P. Zamindari Abolition and Land Reforms Act, 1950, which is pending, though it is delayed. As of now, learned counsel for the
opposite parties informs that there is no order for cancelling the petitioners' patta.
4. We do not see any cause for the petitioners to approach this Court. As there is no order for cancellation of petitioners' pattas, the petitioners are at liberty to avail other remedies by way of seeking injunction against the private parties if they are interfering in their possession, as per law or such other remedies as permissible under law.
5. The writ petition is, accordingly, disposed of with the aforesaid liberty. (Om Prakash Shukla, J.) (Rajan Roy, J.) Order Date :- 27.3.2025 Arnima Digitally signed by :- ARNIMA SINGH High Court of Judicature at Allahabad, Lucknow Bench