VIJAY KUMAR AND ANOTHER v. STATE OF U.P. THRU. SECY. REVENUE , LKO. AND OTHERS
WRIC/3725/2025 · 2025-04-21
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 134667 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 134667 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:22298 Court No. - 7 Case :- WRIT - C No. - 3725 of 2025 Petitioner :- Vijay Kumar And Another Respondent :- State Of U.P. Thru. Secy. Revenue , Lko. And Others Counsel for Petitioner :- Ram Karan Yadav Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. Heard learned counsel for the parties. The present petition has been filed for the following main relief:-
"i. A writ, order or direction in nature of Certiorari thereby quashing the impugned order dated 13.5.2024 passed by the Upziladhikari, Nawabganj, District-Barabanki as contained in Annexure No.3 to this Writ Petition. ii. A writ order or direction in the nature of mandamus thereby directing the Opp. Parties to demarcate the land of the petitioners and hand over the physical possession of the land of Gata No. 1643/0.051 hectare situated at Village-Badel, Pargana & Tehsil-Nawabganj, District-Barabanki." At the very outset, learned State Counsel says that present petition challenging the order dated 13.5.2024 passed by the Upziladhikari, Nawabganj, District-Barabanki in Case No. 26203 of 2023, Computerized Case No. T202304120126203, is not maintainable in view of the statutory remedy available to the petitioners of filing of appeal. If the appeal is filed the same shall be decided expeditiously. The remedy available has not been disputed by learned Counsel for the petitioners. Considering the aforesaid, this Court is not inclined to interfere in the impugned order and without entering into the merits of the case, the present petition is disposed of with liberty to the petitioners to approach the appellate authority as per law. With the aforesaid, the present petition is disposed of. It is also expected from the authority concerned shall decide the appeal of the petitioners as per law including Rule 183(4) of the U.P. Revenue Code Rules, 2016 made under U.P. Revenue Code, 2006 read with para 458(2) of U.P. Revenue Court Manual, according to which an appeal or revision should preferably be decided within a period of six months. Order Date :- 21.4.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench