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2025 DAILYLAW 153758 (ALL)

ISHRAJI AND 7 OTHERS v. D.M. SULTANPUR AND 2 OTHERS

WRIC/7115/2025 · 2025-07-30

Alok Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:43966 Court No. - 6 Case :- WRIT - C No. - 7115 of 2025 Petitioner :- Ishraji And 7 Others Respondent :- D.M. Sultanpur And 2 Others Counsel for Petitioner :- Rajesh Kumar,Reeta Singh Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Alok Mathur,J. 1. Heard learned counsel for the petitioners as well as learned Standing Counsel for the State/ respondents no. 1 and 2 and Shri Mohan Singh, who has accepted notice on behalf of respondent no.3. 2. By means of the present writ petition, the petitioners have prayed that a direction be given to respondents no. 1 and 2 to ensure the compliance of order dated 07.05.2025 passed by the Up Ziladhikari Kadipur, District Sultanpur in Case No. 4087/2024 (Ishraji Vs. Gram Panchayat), so that the petitioners could get justice and Patthar Nasab could be made. 3. It has been submitted by learned counsel for the petitioners that land Gata No. 1018 and land gata no. 1014 are adjacent to each other and both gatas belong to the same family, and the petitioners are in possession over the said land, and they are ploughing and sowing the said land. The petitioners filed a case under Section 24 of Uttar Pradesh Revenue Code, 2006 for demarcation of land gata no.1018 rakaba 0.248 hectare and land gata no. 1014/0.1100 hectare, situated at Village Majhagawan, Pargana Aldeymau, Tehsil Kadipur, District Sultanpur before the Up Ziladhikari Kadipur, District Sultanpur. On the direction of the court, the Revenue Inspector and circle Lekhpal have met the spot inspection and submitted the demarcation report on 4.03.2025 and the Up Ziladhikari Kaipur, District Sutlanpur has approved the demarcation report dated 04.03.2025 by means of order dated 07.05.2025 and directed to the authority concerned i.e. Tehsildar to make patthar Nasab. 4. It has further been submitted that pattharnasab has been done on 28.5.2025, but on same very day jin the night 10 persons including Motilal, Jagdish, Rajaram Kashiram, Nandlal, Ram Anuj, Murta, Bhanmati, Kalawati, Anita have uprooted the pattharnasab forcibly and thrown out then the petitioner no. 7- Ram Milan lodged the FIR at case Crime No. 0315/2025, under Sections 326(e), 352 & 351(3) of B.Nl.S. 2023 at Police Station Kadipur, District Sultanpur. 5. Learned Standing Counsel, on the other hand, submits that the petitioners have 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 petitioners submits that he does not want to press this petition and seeks liberty 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 petitioners to approach competent authority by moving appropriate application under Para 460 of U.P. Revenue Court Manual to execute the orders of the revenue authorities. In case, such an application is moved within two weeks form today, the same shall be disposed of expeditiously. . (Alok Mathur, J.) Order Date :- 30.7.2025 Muk Digitally signed by :- MOHD UMAR KHAN High Court of Judicature at Allahabad, Lucknow Bench