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2025 DAILYLAW 134022 (ALL)

RAJNEESH KUMAR DUBEY v. STATE OF U.P. THRU. PRIN. SECY. REVENUE, LKO. AND OTHERS

WRIC/3556/2025 · 2025-04-16

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:21401 Court No. - 7 Case :- WRIT - C No. - 3556 of 2025 Petitioner :- Rajneesh Kumar Dubey Respondent :- State Of U.P. Thru. Prin. Secy. Revenue, Lko. And Others Counsel for Petitioner :- Shesh Mani Shukla Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. 1. Heard learned counsel for the parties. 2. The present petition has been filed for the following main reliefs:- "(i) Issue a writ, order or direction in the nature of certiorari thereby quashing of the impugned order dated 02-12-2024 passed by opposite party no.2 illegally and arbitrary manner and also without considering the relevant facts of the case which is available on record and without applying his judicial mind, in the interest of justice. (ii) Issue a writ, order or direction in the nature of mandamus commanding the concerned opposite parties not to evict the petitioner from his house and land in question, in the interest of justice." 3. The impugned order dated 02.12.2024 has been challenged only on the ground that the State was not having any locus to challenge the order dated 19.01.2024 passed by the opposite party no.3- Tehsildar/ Assistant Collector, Tehsil-Balidai, District-Sultanpur, under Section 67 of the U.P. Revenue Code, 2006 (hereinafter referred to as "Code of 2006") in Case No.2610 of 2022, Computerized Case No.T202204680902610; Grampanchayat Hemnapur vs. Rajnish Dubey, whereby the opposite party no.3- Tehsildar/ Assistant Collector, Tehsil-Balidai, District-Sultanpur, provided benefit of Section 67-A of the Code of 2006 to the petitioner. 4. Upon due consideration of the ground taken by the petitioner, indicated above, this Court is not inclined to entertain the present petition for the following reasons:- I. The benefit of Section 67-A of the Code of 2006 was provided to the petitioner by the opposite party no.3- Tehsildar/ Assistant Collector, Tehsil Balidai, District Sultanpur vide order dated 19.01.2024. II. As per observations made in the impugned order dated 02.12.2024, in terms of the order dated 19.01.2024 passed by the opposite party no.3- Tehsildar/ Assistant Collector, Tehsil-Balidai, District-Sultanpur, the petitioner would get more land than what he could get in terms of Rule 68(2)(a) of the U.P. Revenue Code Rules, 2016, according to which the area which could be provided in exercise of power under Section 67-A of the Code of 2006 shall not exceed 200 square metre. III. In terms of the impugned order dated 02.12.2024 passed by the Additional District Magistrate (Administrative), District-Sultanpur, all the issues including the issue relating to the land provided to the petitioner, in terms of the Section 67-A of the Code of 2006, would be adjudicated by the Tehsildar/ Assistant Collector, Tehsil-Balidai, District-Sultanpur, afresh. 5. The writ petition is, accordingly, dismissed. (Saurabh Lavania, J.) Order Date :- 16.4.2025 Arnima Digitally signed by :- ARNIMA SINGH High Court of Judicature at Allahabad, Lucknow Bench