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2025 DAILYLAW 137022 (ALL)

ANWAR ALI AND 2 OTHERS v. DISTRICT MAGISTRATE DISTT. BARABANKI AND 4 OTHERS

WRIC/4193/2025 · 2025-05-02

Om Prakash Shukla, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:25327-DB Court No. - 2 Case :- WRIT - C No. - 4193 of 2025 Petitioner :- Anwar Ali And 2 Others Respondent :- District Magistrate Distt. Barabanki And 4 Others Counsel for Petitioner :- Brijesh Kumar Yadav Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. Heard. Considering the order proposed to be passed, issuance of notice to the private opposite parties is dispensed with. Let the Tehsildar, Fatehpur, Barabanki be impleaded as opposite party no. 6 in the petition. The petitioner says that the wheat crop is on the land regarding which his name has been mutated, but in appeal, which was allowed, the matter was remanded back and is pending before the Teshildar. Only on account of the aforesaid reason, the private opposite parties approached the police authorities who in turn are not allowing the petitioner to cut the wheat crop. The petitioner should move an application before the Tehsildar before whom the mutation proceedings are pending, who shall get the facts verified as to whether the wheat crop is existing on the aforesaid land which has been shown by the petitioner and if he is able to decide this issue, then he shall pass necessary orders in this regard. However, if he finds that it is not so or that he is unable to decide the issue, then the Sub-Divisional Magistrate shall get the crop harvested and deposit the proceeds in some account which shall be subject to decision in the mutation proceedings. This is without prejudice to the rights of the petitioner to challenge the order passed in the appeal/revision arising out of mutation proceedings. With the aforesaid observations/directions, the writ petition is disposed of. Order Date :- 2.5.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench