SAURABH SAHU AND OTHERS v. STATE OF U.P. THRU. DISTRICT COLLECTOR, LKO. AND OTHERS
WRIC/3367/2025 · 2025-04-08
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 132426 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 132426 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:19787 Court No. - 7 Case :- WRIT - C No. - 3367 of 2025 Petitioner :- Saurabh Sahu And Others Respondent :- State Of U.P. Thru. District Collector, Lko. And Others Counsel for Petitioner :- Satish Kumar Srivastava Counsel for Respondent :- C.S.C.,Bhupendra Kumar Bajpai Hon'ble Saurabh Lavania,J. Heard Satish Kumar Srivastava, learned counsel for the petitioners, Sri Hemant Kumar Pandey, learned State counsel appearing for the opposite party Nos. 1 & 2 and Shri Rajesh Kumar Awasthi, Advocate who has put in appearance on behalf of respondent no. 4 and file Vakalatnama which is taken on record. By means of the present petition, the petitioner has prayed for following main relief(s) :-
"to issue an order or direction in the nature of Certiorari to quash the
order dated-24.03.2025 passed by the opposite party no.2 i.e. Addl. Commissioner (Administration), Lucknow Mandal, District-Lucknow arising out in revision no.C-202310000001962, Under Section-210 U.P. Revenue Code, 2006 as well as order dated-20.09.2022 passed by the opposite party no.3 i.e. The Nayab- Tahsildar, Kakori, Sadar, District- Lucknow order passed in reference of Under Section-35 Revenue Code, 2006 without applying judicious mind and passed an
order against the petitioners as contained in Annexure No.1 & 2 to this writ petition." On being confronted, after taking note of the principle related to interfering in the remand order simplicitor as also that the mutation proceedings are summary in nature and they do not decide any right or title between the parties; rather they are drawn only for fiscal purposes and furthermore, the order passed in mutation proceedings are always subject to declaration of rights which may be sought by the parties concerned by instituting a regular suit as also that Section 40A of the U.P. Land Revenue Act, 1901, (now repealed) as also Section 39 of U.P. Revenue Code, 2006, which is applicable w.e.f. 11.02.2016, makes it clear that no mutation order shall debar any person from establishing his rights in the land by means of a regular suit, the
learned counsel for the petitioner stated that justice would suffice if the present petition be disposed of, without interfering in the order of remand dated 24.03.2025, with direction to Sub-Divisional Magistrate, Sadar, Lucknow to conclude the proceedings within the time stipulated by this Court. Shri Rajesh Kumar Awasthi, Advocate, and also Shri Hemant Kumar Pandey, learned Standing Counsel, have no objection.
In view of above, without interfering in the impugned orders, the present petition is disposed of with a direction to the Sub-Divisional Magistrate, Sadar, Lucknow to consider and decide the appeal, most expeditiously after affording full opportunity of hearing to the parties to the litigation and without granting unnecessary adjournment to either party preferably within a period of three months from the next date fixed in the case, if there is no other legal impediment. It is made clear that the Court has not examined the case of either party on merits and the Authority concerned shall be free to decide the matter strictly in accordance with law. With the aforesaid, the petition is disposed of.
Order Date :- 8.4.2025 Mohit Singh/- Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench