MAHENDRA KUMAR v. ADDL. COMMISSIONER, LUCKNOW DIVISION, LKO. AND OTHERS
WRIC/7299/2025 · 2025-08-01
Alok Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 154631 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 154631 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:44671 Court No. - 6 Case :- WRIT - C No. - 7299 of 2025 Petitioner :- Mahendra Kumar Respondent :- Addl. Commissioner, Lucknow Division, Lko. And Others Counsel for Petitioner :- Satish Chandra,Intezar Ahmad Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey,Punit Kumar Trivedi Hon'ble Alok Mathur,J.
1. Heard Sri Intezar Ahmad, learned counsel for the petitioner, learned Standing counsel for State respondent No.s 1 and 2, Sri Punit Kumar Trivedi for caveator - respondent No.5 and Sri Dilip Kumar Pandey for respondent No.7- Gaon Sabha.
2. In view of the proposed order notice to private respondent No.3, 4 and 6 is dispensed with.
3. The petitioner has prayed for following reliefs:-
"(1) to issue appropriate writ, order or direction in the nature of mandamus commanding the directing the respondent nos. 3 to 6 to maintain status-quo at 1/3rd share of petitioner at plot No.440 measuring 0.830 hectare situated at village and pargana Chandara, tahsil Maholi, district Sitapur. (2) to issue appropriate writ, order or direction in the nature of certiorari setting aside the impugned judgment and decree dated 12.10.2017 passed by respondent no. 2 in Suit N. Suit no. 59/155, Swayam Prakash Vs. Smt Sheela Devi and others, under Sec. 176 of Act and impugned judgment and
judgment/order dated 21.05.2025 passed by Additional Commissioner, Lucknow Division, Lucknow respondent no.1 in Appeal No. 2987 of 2024 (Computerized No.C- 202410000002987), Mahendra Kumar VS. State, under section 331 (3) of Act in the interest of justice. (3) to issue a writ, order or direction in the nature of mandamus directing the respondent no.2 Sub Divisional Magistrate, Maholi Sitapur to get fresh lots prepared by Lekhpal and after providing opportunity of hearing to petitioner appropriate order be passed in the interest of justice."
4. Learned counsel for the respondents, at the outset, have raised a preliminary objection stating that against the impugned
order dated 21.5.2025 passed by opposite party No.1-
Additional Commissioner, Lucknow Division, Lucknow under Section 331 (3) of U.P.Z.A. & L.R. Act, the petitioner has equally efficacious remedy of filing appeal under Section 331 (4) of U.P.Z.A. & L.R. Act before the Board of Revenue.
5. Learned counsel for the petitioner does not dispute the said fact and prays for withdrawal of the writ petition with liberty to approach second appellate authority against the impugned order dated 21.5.2025.
6. This petition is, accordingly, dismissed as not pressed with liberty aforesaid. However, it is provided that in case the petitioner files second appeal within next two weeks, the appellate authority shall consider and decide the same with expedition
in
accordance
with
law.
(Alok Mathur, J.)
Order Date :- 1.8.2025 RKM. Digitally signed by :- RAKESH KUMAR MAURYA High Court of Judicature at Allahabad, Lucknow Bench