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2025 DAILYLAW 150642 (ALL)

MALTI DEVI v. STATE OF U.P. THRU. PRIN. SECY. REVENUE DEPTT., LKO. AND OTHERS

WRIC/6569/2025 · 2025-07-11

Alok Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:39808 Court No. - 6 Case :- WRIT - C No. - 6569 of 2025 Petitioner :- Malti Devi Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt., Lko. And Others Counsel for Petitioner :- Shobh Nath Pandey Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Alok Mathur,J. 1. Heard learned counsel for petitioner as well as learned Standing Counsel for respondents. 2. With the consent of learned counsel for parties, the matter is heard and decided at the admission stage itself. 3. Brief facts of the present case is that petitioner has purchased land Gata No. 397 Ka sitauted in Village Gauhani KHurd, Pargana - Paschim Rath, Tehsil - Bikapur, District - Ayodhya through a sale deed dated 03.09.2012 and her name has already been mutated in the revenue records. 4. It has been submitted that Land Gata No. 397-Ka & 397-Kha were minjumla numbers and no demarcation of the aforesaid lands were done on the map due to which petitioner is unable to enjoy her peaceful possession over his part of land i.e. land Gata No. 397-Ka and is unable to construct her house over the said land. Accordingly, petitioner moved an application dated 03.05.25023 before District Magistrate U/S 30(2) of U.P. Revenue Code, 2006 for determination of share in land Gata No. 397-Ka & 397 Kha of the aforesaid village which was decided vide order dated 01.10.2024 by the Chief Revenue Officer but till date the said order has not been complied with despite the fact that the same has not been assailed before any higher authority or forum. 5. In the aforesaid facts, a prayer has been made for a direction to the respondent-officials to execute the said order. 6. Learned Standing on the other hand has opposed the writ petition and has submitted that there is adequate alternative remedy available to the petitioner under Para 460 of the U.P. Revenue Court Manual where the orders of the revenue authorities may be executed and there is no extraordinary circumstance submitted by the petitioner for interference of this Court in its power under Article 226/227 of Constitution of India. 7. At this stage, learned counsel for petitioner also submits that he may be granted liberty to move an application before the appropriate authority to execute the order passed by Chief Revenue Officer, District - Ayodhya 8. In light of the above, the writ petition is disposed of with a liberty to the petitioner to move an application under Para 460 of the U.P. Revenue Court Manual for executing the order dated 01.10.2024 and in case such an application is made, the same shall be considered and decided expeditiously in accordance with law. (Alok Mathur, J.) Order Date :- 11.7.2025 Ravi/ Digitally signed by :- RAVI SHANKAR SRIVASTAV High Court of Judicature at Allahabad, Lucknow Bench