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2025 DAILYLAW 130313 (ALL)

Ram Charan v. District Magistrate, Ambedkar Nagar AND ORS.

A227/1638/2025 · 2025-03-26

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:17271 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 1638 of 2025 Petitioner :- Ram Charan Respondent :- District Magistrate, Ambedkar Nagar And Ors. Counsel for Petitioner :- Sajjad Husain Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Saurabh Lavania,J. Heard learned counsel for the parties. By means of this petition, the petitioner has sought the following main relief(s) :- "I. issue an order to set aside and modify the decree dt. 23.02.2019, to the extent it relates to Gata No. 45/1.710 H, as the partition is arbitrary and deprives the petitioner of access to his allotted share to the road side for securing the ends of justice. Copy of the decree dt. 23.02.2019 is annexed herewith as Annexure No. 1 to this petition. II. issue an order to set aside the Kurra Phat report dt.17.02.2019, in relation to Gata No. 45/1.710 H, as it is inconsistent with the Bhoochitra (village map) and renders the petitioner's share landlocked and inaccessible in the interest of justice. Copy of the Kurra report dt. 17.02.2019 is annexed herewith as Annexure No.3 to this petition. III. issue an order to declare that the final decree dt.01.07.2023, to the extent it is based on the flawed Kurra dt.17.02.2019 for Gata No. 45, is unsustainable and requires reconsideration in light of the petitioner's rightful objection in the interest of justice. Copy of the decree dt. 01.07.2023 is annexed herewith as Annexure No.2 to this petition. IV. Issue an appropriate order to grant the petitioner a right of access (right of way) to his allotted portion in Gata No. 45/1.710 hectares, in the interest of justice." On being asked, Sri Sajjad Husain, learned counsel petitioner very fairly stated that statutory remedy is available to the petitioner against the orders impugned, indicated in prayer clause, quoted above. Taking note of the aforesaid, this Court is not inclined to entertain this petition. It is accordingly dismissed. Order Date :- 26.3.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench