BACHHA RAM v. BOARD OF REVENUE, U.P. LKO. THRU. CHAIRMAN AND 3 OTHERS
WRIB/300/2025 · 2025-04-16
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 132335 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 132335 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:21483 Court No. - 7 Case :- WRIT - B No. - 300 of 2025 Petitioner :- Bachha Ram Respondent :- Board Of Revenue, U.P. Lko. Thru. Chairman And 3 Others Counsel for Petitioner :- Vikas Verma,Dilip Kumar Pandey Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J.
1. Heard learned counsel for the petitioner and learned State Counsel for the respondents.
2. By means of the present writ petition, the petitioner has prayed for the following relief(s) :- i) Issue a writ, order or direction in the nature of the Certiorari thereby quashing the impugned order dated 10.03.2025 passed by opposite party No.1 and the order dated 14.02.2022 passed by the opposite party No.2 contained in Annexure Nos. 1 and 2 respectively to the writ petition. ii) Issue a writ, order or direction in the nature of Mandamus commanding/directing the private opposite parties Nos. 3 and 4 not to interfere in peaceful possession of the petitioner over the land in dispute."
3. Considered the facts of the case, particularly with regard to the observations relating to Gata No. 109 made in the impugned
order(s), according to which for the purposes of disposal of application for demarcation preferred by the petitioner the same was not measured, as required under the law, and in regard to the said Gata No. 109, the observation/findings were made by the authority concerned in the order dated 11.12.2013 and the fact that Gata No.109 was not measured also appears from the report of the Revenue Inspector dated 27.01.2006, annexed as Annexure No.6 to the present petition.
4. On being confronted, after considering the aforesaid, the
learned counsel for the petitioner says that justice would survive, if the present petition be disposed of, without interfering in the order impugned, with direction to Sub- Divisional Magistrate, Tanda, District Ambedkar Nagar, who passed the order dated 11.12.2013 in the proceedings initiated under Section 41 of the U.P. Land Revenue Act, 190,1 to conclude the proceedings, most expeditiously, as the initial
order in the said proceedings was passed on 26.09.2006.
5. Taking note of the statement, the present petition is disposed of with a direction to the Sub-Divisional Magistrate, Tanda, District Ambedkar Nagar to conclude the proceedings initiated by the petitioner under Section 41 of the U.P. Land Revenue Act, 1901 most expeditiously, after affording full opportunity of hearing to the parties to the litigation and without granting unnecessary adjournment to either of the parties, preferably within a period of three months from the date a certified copy of this order is produced before him in accordance with law, if there is no other legal impediment in this regard.
6. Before parting, it is open for the Sub-Divisional Magistrate, Tanda, District Ambedkar Nagar to call for fresh report for the purposes of disposal of the application of the petitioner.
7. Till the disposal of the case, in issue, the parties shall maintain status quo as on today.
8. With the aforesaid, the petition is disposed of.
Order Date :- 16.4.2025 Arvind Digitally signed by :- ARVIND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench