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2025 DAILYLAW 153776 (ALL)

RAJENDRA PRASAD SINGH v. DISTRICT MAGISTRATE, SULTANPUR AND 3 OTHERS

WRIC/7022/2025 · 2025-07-30

Jaspreet Singh, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:43956-DB Court No. - 2 Case :- WRIT - C No. - 7022 of 2025 Petitioner :- Rajendra Prasad Singh Respondent :- District Magistrate, Sultanpur And 3 Others Counsel for Petitioner :- Rajesh Kumar Shukla,Kaushlendra Pratap Singh Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Rajan Roy,J. Hon'ble Jaspreet Singh,J. 1. Heard. 2. After hearing the parties what comes out is that the petitioner claims to have constructed his house on his bhumidhari land bearing Gata No.1153 and on some part of the Abadi land whereas, the opposite parties allege that part of the house is on pond land bearing Gata No.1149. The petitioner initiated proceedings for correction of map which had a bearing on the aforesaid dispute. The said application was rejected and lead to filing of a revision bearing Case No.2194/2015 before the Board of Revenue wherein an order dated 08.09.2015 was passed staying the order of rejection dated 30.06.2015. Based on it, it is contended that as long as this order operates, the opposite parties cannot interfere in the possession of the petitioner, however, we are not satisfied with this argument because the interim order by the Board of Revenue is not of status quo but only of stay of the rejection order passed in the map correction proceedings. The net result would be that the uncorrected map would remain as it is and nothing more, therefore, we, grant liberty to the petitioner to move a fresh application for interim relief before the Board of Revenue within one week and if it is filed and if it is otherwise permissible to consider and grant the relief prayed thereunder, the same would be considered and an order should be passed within 15 days' of its filing. The Board of Revenue is also directed to dispose of the revision itself at the earliest as it is pending for the past ten years. 3. With the aforesaid observations/directions, the writ petition is disposed of. (Jaspreet Singh, J.) (Rajan Roy, J.) Order Date :- 30.7.2025/-Piyush- Digitally signed by :- PIYUSH YADAV High Court of Judicature at Allahabad, Lucknow Bench