SIDDHARTH CHANDRA TRIVEDI v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF REVENUE LKO. AND 3 OTHERS
A227/3339/2025 · 2025-07-07
Alok Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 142303 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 142303 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:38382 Court No. - 6 Case :- MATTERS UNDER ARTICLE 227 No. - 3339 of 2025 Petitioner :- Siddharth Chandra Trivedi Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Revenue Lko. And 3 Others Counsel for Petitioner :- Pawan Kumar Dwivedi,Vijay Kumar Dubey Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J.
1. Heard Sri Rakesh Kumar, Advocate holding brief of Sri Pawan Kumar Dwivedi, learned counsel for the petitioner as well as learned Standing Counsel for the respondents. 2. As per previous directions of this Court Sri Sams Tabrez, Sub Divisional Magistrate, Haidergarh, Barabanki has appeared in person before this Court alongwith relevant record. 3. The dispute as raised by the petitioner in the present case pertains to conversion of land use of Gata No. 114, area 0.216 hectares, situated at Village - Trivediganj, Pargana & Tehsil - Haidergarh, District - Barabanki. 4. It is submitted by learned counsel for the petitioner that an application under Section 180 of the U.P. Revenue Code, 2006 was preferred by the petitioner before respondent no. 3, praying for change of land use from agriculture to non-agriculture. In the said application it was stated that for number of years no agriculture activity is going on and previously a school was being run on the said land, hence, change in land use was sought as the petitioner wanted to conduct commercial activities on the said land. The said application under Section 180 of the Code, 2006 was given on 19.09.2016. The petitioner on not knowing about the fate of his application, preferred writ petition before this Court under Article 227 of the Constitution of India being Writ Petition No. 1151 of 2025. The said writ petition was disposed of by means of order dated 06.03.2025. 5. Learned Standing Counsel received written instructions from the Sub Divisional Magistrate, Haidergarh, Barabanki, according to which the application preferred by the petitioner has been rejected and certified copy of the order was sent by registered post. 6. In the aforesaid circumstances, this Court was of the considered view that no further grievance of petitioner subsists and consequently the writ petition was dismissed. 7.
Present writ petition has been filed by the petitioner seeking direction to the Sub Divisional Magistrate, Haidergarh, Barabanki and reader of the Court of Sub Divisional Magistrate to furnish certified copy of the order sheet of the case instituted under the U.P. Revenue Code, 2006 from 04.10.2016 and also to initiate disciplinary proceedings against the respondents and further to award costs. 8. The petitioner in the present writ petition has not denied the fact that certified copies which were sent by the respondents were duly received by him, but, submits that entire order sheet was not furnished. 9. This Court has perused the original record as produced before this Court. It is found that the order sheet is available on record where first order has been passed on 19.09.2016, by the Sub Divisional Magistrate, Haidergarh, Barabanki directing the Tehsildar - Haidergarh to conduct an inquiry and also to submit a report in this regard. Subsequently, on 03.03.02017, report of Tehsildar was submitted which is available on record, according to which the disputed land is under consolidation operations, apart from which also falls under the Purvanchal Expressway and as per approved map the said land falls within the National Highway and in the aforesaid circumstances, recommended that application under Section 80 of the U.P. Revenue Code, 2006 cannot be considered. 10. The Revenue Inspector has duly considered the report of the Tehsildar and reiterated the contents thereof. Further, after passing of order dated 05.03.2017, there is no further order passed by the Sub Divisional Magistrate rejecting the application of the petitioner under Section 80 of the U.P. Revenue Code, 2006. 11. In the aforesaid circumstances. when the previous writ petition was preferred by the petitioner being Writ Petition No. 1151 of 2025, it was recorded that the petition filed by the petitioner has been rejected and certified copy has been sent to him by post.
This Court has also perused the written instructions submitted by the Sub Divisional Magistrate dated 05.03.2025, in the aforesaid writ petition and find that in paragraph 3 contents of report of the Tehsildar have been reiterated indicating that the disputed land falls within the Purvanchal Expressway and only the sale deed has to be executed and therefore, there was no occasion to pass any
orders on the application of the petitioner. 12. Accordingly, after conjoint reading despite the fact that no
order was passed rejecting the application, infact the application being unactionable and in any view of the matter cannot be allowed.
13. Apart from the above, this Court finds that certified copies sent by the respondents have been duly received by the petitioner and apart from the aforesaid three orders as discussed above, there is no other order available on record. Accordingly, certified copy demanded by the petitioner have been duly supplied to him.
14. Accordingly, this Court do not find any ground for interference as sought by the petitioner in the present writ petition in the light of the orders as discussed above. It is open for the petitioner to take legal recourse is he feels aggrieved by any action/inaction by the respondents in pursuance to application under section 80 of the U.P. Revenue Code, 2006.
15. In the aforesaid circumstances, present writ petition stands
disposed of.
Order Date :- 7.7.2025 A. Verma (Alok Mathur, J.) Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench