PHANNE LAL MAURYA v. STATE OF U.P. THRU. ADDL. CHIEF SECY. REVENUE DEPTT. LKO. AND 8 OTHERS
WRIC/5971/2025 · 2025-07-03
Alok Mathur
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 147080 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 147080 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:37440 Court No. - 6 Case :- WRIT - C No. - 5971 of 2025 Petitioner :- Phanne Lal Maurya Respondent :- State Of U.P. Thru. Addl. Chief Secy. Revenue Deptt. Lko. And 8 Others Counsel for Petitioner :- Sudhir Kumar Pandey Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Alok Mathur,J.
1. Heard Sri Sudhir Kumar Pandey, learned counsel for the petitioner, learned Standing counsel on behalf of State - respondent Nos. 1 to 4 and Sri Mohan Singh for opposite party No.5- Land Management Committee.
2. In light of the proposed order notice to private respondents is dispensed with.
3. It has been submitted on behalf of the petitioner that a suit for partition was filed on 14.11.2019 under Section 116 of Revenue Code before Sub Divisional Magistrate, Tehsil Bheeti, District Ambedkar Nagar pertaining to agricultural land of gata No.1089 area 1.706 hectare situated in Village Basantpur, Tehsil Bheeti, District Ambedkar Nagar. The said case was registered as a suit and after appearance of the opposite parties therein a preliminary decree was passed on 8.11.2023. Subsequently Kurra report was also prepared which was confirmed on 15.1.2025 and final decree has also been prepared and issued Parwana Amaldaramad. Subsequently an application for recall was preferred by private respondents which was rejected on 9.5.2025 and appeal has been preferred but there is no interim
order passed therein in favour of the private respondents.
4. It is in aforesaid circumstances that the petitioner has prayed for execution of the decree and to demarcate the boundaries by meats and bounds and in this regard it is stated that action is not being taken by the State respondents. Therefore, prayer has been made to comply with the order of 15.1.2025 passed by Sub Divisional Magistrate, Tehsil Bheeti, District Ambedkar Nagar with the help of the police authorities and also to Sub Divisional Magistrate to pass appropriate orders in this regard in exercise of powers under Regulation 460 of U.P. Revenue Court Manual, 2016.
5. Accordingly, considering that the rights of the petitioner have already been adjudicated and the petitioner has already filed application under Section 460 of the U.P. Revenue Court
Manual, 2016 before opposite party No.3, we dispose of this petition with direction to Sub Divisional Magistrate, Tehsil Bheeti, District Ambedkar Nagar i.e. opposite party No.3 to proceed to pass appropriate orders and to comply with the
judgment and decree dated 15.1.2025 with expedition, say within a period of six weeks from the date a certified copy of this order is filed, in accordance with law in case there is no legal impediment. (Alok Mathur, J.)
Order Date :- 3.7.2025 RKM. Digitally signed by :- RAKESH KUMAR MAURYA High Court of Judicature at Allahabad, Lucknow Bench