RAVINDRA KUMAR v. STATE OF U.P. THRU. ADDL. CHIEF SECY. REVENUE DEPTT. AND 26 OTHERS
WRIC/6224/2025 · 2025-07-16
Alok Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 148722 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 148722 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:40689 Court No. - 6 Case :- WRIT - C No. - 6224 of 2025 Petitioner :- Ravindra Kumar Respondent :- State Of U.P. Thru. Addl. Chief Secy. Revenue Deptt. And 26 Others Counsel for Petitioner :- Sanjay Kumar Srivastava,Akshat Kumar Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Alok Mathur,J.
1. Heard Sri Sanjay Kumar Srivastava, learned counsel for the petitioner as well as learned Standing Counsel for respondent nos. 1 to 3.
2. Present writ petition has been filed by the petitioner assailing
order dated 26.05.2025, passed by the Collector, Ambedkar Nagar.
3. It has been submitted by learned counsel for the petitioner that petitioner has built a house alongwith other villagers over Gata No. 408, measuring 0.4550 hectares, situated in Village - Zainuddinpur, Pargana - Bidar, District - Ambedkar Nagar which is old abadi land and petitioner had moved an application under Section 30/38 of the U.P. Revenue Code, 2006 (hereinafter referred to as "the Code, 2006") before the Collector for correction of map of Gata No. 408. The said application of the petitioner was rejected by the Collector on the ground of maintainability, which lead the petitioner to file Writ- C No. 3818 of 2023, where two questions were framed by this Court with regard to correction of map and also with regard to maintainability of application under Section 30/38 of the Code, 2006 at the behest of persons who were aggrieved. This Court answered both the question in favour of the petitioner, considering the case of the petitioner, this Court had found that two reports were existing which have been given by Naib Tehsildar and concerned Lekhpal in favour of petitioner indicating that actual physical possession was less then what was depicted on the map and accordingly, this Court remitted the matter to the Collector for decision in accordance with law.
4. It is on the direction of this Court in judgment and order dated 12.07.2023, that the impugned order has been passed.
Learned counsel for the petitioner has submitted that instead of deciding the matter on the basis of material available on record,
the Collector had subsequently invited two separate inspection reports dated 16.08.2024 and 13.05.2025, wherein these reports were in variance with the land which was held by the petitioner and accordingly, application for correction of map was rejected.
5. Learned counsel for the petitioner has further submitted that there was no reason indicated for requiring fresh inspection reports and accordingly, impugned order is illegal and arbitrary and requires interference.
6. Learned Standing Counsel has submitted that the petitioner has adequate remedy of revision against the impugned order. The petitioner also does not dispute the submissions of learned Standing Counsel, but submits that the respondents on the basis of the impugned order are proceeding to demolish the house of the petitioner.
7. Accordingly, in the light of aforesaid submissions and specially considering the fact that petitioner has adequate alternate remedy, the petitioner is relegated to the same as this Court is not inclined to interfere in the present petition for the aforesaid reason.
8. However, considering the aforesaid facts, the petitioner is
directed to file revision before appropriate authority within next thee weeks from today. In case any such revision is filed, the revisional authority shall consider and decide the same with expedition, say within four months from the date of filing of revision, in accordance with law.
9. Till decision on revision petition, the respondents are restrained from demolishing disputed house of the petitioner situated at Gata No. 462 (old abadi land), situated in Village - Jainnudinpur, Pargana - Bidhar, Tehsil - Tanda, District - Ambedkar Nagar.
10. With above directions, the writ petition stands disposed of.
Order Date :- 16.7.2025 A. Verma (Alok Mathur, J.) Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench