KALAWATI v. STATE OF U.P. THRU. PRIN. SECY. REVENUE LKO. AND 5 OTHERS
WRIC/6486/2025 · 2025-07-09
Alok Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 150337 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 150337 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:39103 Court No. - 6 Case :- WRIT - C No. - 6486 of 2025 Petitioner :- Kalawati Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Lko. And 5 Others Counsel for Petitioner :- Satyendra Nath Mishra Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Alok Mathur,J.
1. Heard learned counsel for the parties.
2. By means of the present petition the petitioner has assailed the validity of the order dated 6.7.2022 passed by District Magistrate, Sultanpur thereby in exercise of the powers under Section 59 (2) of U.P. Revenue Code, he has proceeded to resume the land of gata No.968 Min.(948 Da), area 0.1260 hectare situated in Village Bari Sahijan, Pargana Aldemau, Tehsil Kadipur, District Sultanpur.
3. At the outset, learned counsel for the respondents have raised a preliminary objection that with regard to the same dispute the petitioner has already filed a civil suit before Civil Judge (Senior Division), Sultanpur bearing regular Suit No.893 of 2022 (Kalawati Vs. Gram Panchayat and others) and also for the same cause of action has filed an appeal before Settlement Officer of Consolidation, Sultanpur and accordingly it has been stated that multiple proceedings with regard to same cause of action writ petition would not be maintainable.
4. Learned counsel for the petitioner does not dispute the aforesaid facts and submits that it is only because of urgency in the matter that the respondents are proceeding to raise construction on the disputed land that he has preferred this writ petition and confines his prayer to a suitable direction being given to the civil court to decide the application for interim relief.
5. Accordingly, considering the limited prayer made by the petitioner to which learned counsel for the respondents do not object, the petition is disposed of with a liberty to the petitioner to move appropriate application for interim relief in the suit proceedings within ten days.
6. In case, such an application is moved the trail court shall consider and decide the same with expedition, preferably within a period of four weeks, in case there is no legal impediment, in accordance with law. (Alok Mathur, J.) Order Date :- 9.7.2025 RKM. Digitally signed by :- RAKESH KUMAR MAURYA High Court of Judicature at Allahabad, Lucknow Bench