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2025 DAILYLAW 133068 (ALL)

ADNAN MASOOD KHAN v. ADDITIONAL COMMISSIONER JUDICIAL-II, LKO. DIVISION, LKO. AND OTHERS

WRIC/3440/2025 · 2025-04-10

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:20301 Court No. - 7 Case :- WRIT - C No. - 3440 of 2025 Petitioner :- Adnan Masood Khan Respondent :- Additional Commissioner Judicial-Ii, Lko. Division, Lko. And Others Counsel for Petitioner :- Anand Dwivedi,Satya Pathak Counsel for Respondent :- C.S.C.,A.Z. Siddiqui,Ashish Kumar Agarwal Hon'ble Saurabh Lavania,J. 1. Heard learned counsel for the parties. 2. By means of this petition, the petitioner has impeached the order dated 20.03.2025 passed by the respondent No. 1/Additional Commissioner (Judicial-II), Lucknow Division, Lucknow (in short "Revisional Authority") in Revision No. 1651/2024, Computerized Case No. C202410000001651 (Adnan Masood Khan vs. Muneer Ahmad Khan) instituted under Section 210 of the U.P. Revenue Code, 2006 (in short "Code of 2006"). 3. The petitioner has also impeached the order dated 02.02.2024 passed by respondent No. 2/Sub-Divisional Officer, Sandila, District- Hardoi (in short "Magistrate") on an application seeking interim relief preferred in the proceedings instituted under Section 144 of the Code of 2006 registered as Case No. 11059/2023, Computerized Case No. T202310330411059 (Adnan Masood Khan vs. Muneer Ahmad Khan and others). 4. Effect of the impugned order(s) is that the interim relief sought by the petitioner in the suit instituted under Section 144 of the Code of 2006, seeking declaration of his rights over the land related to Khata Nos. 160 and 161, has not been provided. 5. For the purposes of the coming to the conclusion in the matter, this Court considered the following facts:- (i) The suit under Section 144 of the Code of 2006 was instituted on 20.03.2023 in relation to revenue entry of 23.03.1971 and as per the observations made by the Revisional Authority and the Magistrate in the impugned order(s) dated 20.03.2025 and 02.02.2024, respectively, the said suit was filed after 52 years, which prima facie appears to be correct. (ii) The observations made by the Revisional Authority and the Magistrate in the impugned orders dated 20.03.2025 and 02.02.2024 indicate that the property, in relation to which the petitioner is seeking interim protection, has already been sold. (iiii) Vide order dated 19.09.2022, a similar application preferred in the similar suit instituted by the petitioner with regard to the property situated at Village- Ashraftola, has already been rejected. (iv) The petitioner is not in the possession over the property in issue. (v) The petitioner is claiming his rights based upon the 'Will' dated 27.09.2016. Having considered the aforesaid, this Court finds that no interference is required in the impugned order(s) dated 20.03.2025 and 02.02.2024. The petition is accordingly dismissed. Order Date :- 10.4.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench