LAXMI NARAYAN AGARWAL v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. REVENUE LKO. AND 2 OTHERS
A227/4435/2025 · 2025-07-28
Alok Mathur
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 153665 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 153665 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:43396 Court No. - 6 Case :- MATTERS UNDER ARTICLE 227 No. - 4435 of 2025 Petitioner :- Laxmi Narayan Agarwal Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Revenue Lko. And 2 Others Counsel for Petitioner :- Agendra Sinha Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J.
1. Heard Sri Agendra Sinha, learned counsel for the petitioner as well as learned Standing Counsel for the State respondents.
2. Instant petition has been filed by the petitioner praying for direction to the respondent No. 3 - Sub Division Magistrate, Tehsil - Nighasan, District - Lakhimpur Kheri to implement
order dated 25.07.2023 for carrying out fixation of boundary and medbandi, in accordance with Rule 22(12) of the Rules of
2016.
3. It has been submitted on behalf of the petitioner that petitioner being aggrieved by the damaged boundaries of land situated on Gata Nos. 1801/2, 1802/2 and 1800A, situated in Village, Pargana and Tehsil - Nighasan, District - Lakhimpur Kheri as well as encroachment done by the adjacent tenure holders, filed an application under Section 24 of the U.P. Revenue Code, 2006 on 14.03.2023, seeking fixation of boundaries. The said application was registered as Case No. 2700 of 2023, before respondent no. 3. The Sub Divisional Magistrate, directed the revenue Inspector to conduct demarcation and submit report in this regard. Pursuance to the said order, demarcation was carried out and a report was submitted and thereafter order dated 25.07.2023 under Rule 22(11) of the Rules of 2016 was passed. But, physical fixation of boundary pillars (Medbandi) has not yet been undertaken.
4. It is further submitted that despite despite passing of order dated 25.07.2023 the State authorities are not carrying out physical fixation of boundary pillars (Medbandi) over the aforesaid land. Hence present writ petition has been filed seeking direction to respondent no. 3 to execute order dated
25.07.2023.
5. Learned Standing counsel, on the other hand, submits that the petitioner has equally efficacious and alternate remedy of executing the orders of revenue court as per Para 460 of U.P. Revenue Court Manual where an order of revenue authority can
be executed.
6. At this stage, learned counsel for the petitioner submits that liberty may be granted to the petitioner to approach the competent authority under Para 460 of U.P. Revenue Court Manual for execution of the orders passed by the Prescribed Authority as well as of the other authorities.
7. Accordingly, the petition is disposed of with liberty to the petitioner to approach competent authority by moving appropriate application under para 460 of Revenue Court Manual, to execute the orders of the revenue authorities. In case, such an application is moved within two weeks from today the same shall be disposed of expeditiously.
Order Date :- 28.7.2025 A. Verma (Alok Mathur, J.) Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench