BHAGIRATHI AND ANOTHER v. STATE OF U.P. THRU. SECY. REVENUE DEPTT., LKO. AND OTHERS
WRIC/4210/2025 · 2025-05-02
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 137201 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 137201 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:25345 Court No. - 7 Case :- WRIT - C No. - 4210 of 2025 Petitioner :- Bhagirathi And Another Respondent :- State Of U.P. Thru. Secy. Revenue Deptt., Lko. And Others Counsel for Petitioner :- Sanjeev Kumar Shukla Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Saurabh Lavania,J. Heard learned counsel for the petitioners, Shri Hemant Kumar Pandey, learned Standing Counsel appearing for the State- respondents and Shri Mohan Singh, learned counsel appearing for Village Panchayat/Samharpur. The instant writ petition has been filed praying for following main reliefs:
"1-Issue a writ or direction in the nature of certiorari quashing the impugned order dated 11-3-2025 passed by opposite party no.-02 in Case No.- 4090 of 2023 (Bhagirathi and others Vs. State of U.P and others) U/s-122 (3) Uttar Pradesh Land Revenue Code, 2006 Inter alia on the ground that the impugned order without application of mind contained as Annexure no-01 to this petition. II- Issue of a writ order of direction in the nature of mandamus commanding the opposite parties no-02 to 4 maintain law and order and not change the nature of disputed land Gata No.-24 area 0.1610 Hectare situated Village Samharpur, Pargana Aldemau, tehsil Kadipur Disstrict Sultanpur during the pendency of the Regular Suit No-498 of 2022 (Bhagirathi and Others Vs. Sate of U.P and others) before the Civil Judege (Avar Khand) Kadipur Sultanpur" The impugned order dated 11.03.2025 relates to Section 122 of U.P. Revenue Code, 2006 (in short "Code of 2006"). Sub-Section 5 of Section 122 of Code of 2006 states that
"Every order of the Collector under sub-section (4) shall be published in the manner prescribed, and shall, subject to the result of any suit under Section 144, be final". Accordingly, this Court is not inclined to entertain the present petition challenging the impugned order dated 11.03.2025 passed by respondent no.2/District Magistrate, Sultanpur in Case No.4090 of 2023 (Bhagirathi and others Vs. State of U.P and others), under Section 122 of the Code of 2006. The instant petition is disposed of with the liberty to the petitioner to avail the remedy in terms of Sub-Section 5 of Section 122 of the Code of 2006. Order Date :- 2.5.2025/Mohit Singh/- Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench