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2025 DAILYLAW 130863 (ALL)

KAILAS PRAKASH v. STATE OF U.P. THRU. DISTRICT MAGISTRATE , AYODHYA AND OTHERS

WRIC/2527/2023 · 2025-04-16

Om Prakash Shukla, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:21471-DB Court No. - 2 Case :- WRIT - C No. - 2527 of 2023 Petitioner :- Kailas Prakash Respondent :- State Of U.P. Thru. District Magistrate , Ayodhya And Others Counsel for Petitioner :- Ajay Kumar Pandey Counsel for Respondent :- C.S.C.,Dharmendra Kumar,Dilip Kumar Mishra,Jaleel Ahmad Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. On 03.04.2023, this Court had passed the following order:- "Issue notice to respondent No.4 returnable at an early date. In the meantime, we provide that no proceedings shall be permitted to be undertaken in pursuance of the order dated 24.02.2023 said to have been passed by the Sub Divisional Magistrate concerned on some application submitted by Virendra Kumar Sharma/respondent no.4. When the case is next listed, learned Standing Counsel shall address the Court as to under what law the Sub Divisional Magistrate is empowered or has jurisdiction to pass such an order as the order dated 24.02.2023." The proceedings for correction of map at the behest of the petitioner are still pending under Section 30 of the Uttar Pradesh Revenue Code, 2006 so are the proceedings for demarcation under Section 24 of the said Code. Petitioner's counsel submits that unless the map is corrected, demarcation cannot take place. Counsel for the State and counsel for the opposite party No.4 could not deny this factual legal position. In view of the aforesaid, we direct the Collector, Ayodhya to consider and dispose of the proceedings for map correction, if they are still pending and there is no other legal impediment in this regard, positively within one month. Once the map correction proceedings are over as aforesaid, then the Sub Divisional Magistrate, Tehsil Rudauli, District Ayodhya shall consider and decide the demarcation proceedings accordingly at the earliest, say, within the next two months. The Writ Petition stands disposed of. Needless to say that till the map correction proceedings are concluded and the map is corrected or the application for corrections is rejected, the demarcation proceedings shall remain in abeyance, but, they shall resume on occurrence of the aforesaid eventuality and shall be concluded as ordered herein above, as such proceedings could not take place during the pendency of map correction. (Om Prakash Shukla,J.) (Rajan Roy,J.) Order Date :- 16.4.2025 Saurabh Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench