Neutral Citation No. - 2025:AHC-LKO:46540 Court No. - 5 Case :- WRIT - C No. - 7441 of 2025 Petitioner :- Utkarsh Memorial Dhanpatti Devi Charitable Trust Thru. Settler/Chief Trustee,Shri Indramani Dwivedi Respondent :- Tehseeldar, Tehseel Kadipur, Sultanpur And Another Counsel for Petitioner :- Ravi Shanker Tewari,Anil Kumar Mishra,Vishwakant Srivastava Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Alok Mathur,J. 1. Heard Shri Ravi Shanker Tewari, learned counsel for the petitioner as well as learned Standing Counsel for respondent no.1 and Shri Mohan Singh, who has accepted notice on behalf of respondent no.2. 2. The following prayer has been made in the present writ petition:- "i. to issue a writ, order or direction in the nature of certiorari, to quash the entire proceedings under Section 67, U.P. Revenue code, 2006 instituted against the petitioner in an illegal and arbitrary manner, whereby the opposite party no.1 has got registered a case being number 9680 of 2025(T202504680509680) under Section 67, U.P. Revenue Code, 2006 titled as 'Gaon Sabha Vs. Utkarsh Memorial Dhanpatti Devi Charitable Trust' and issued notice to the petitioner on Form RC-20 consequent to the report on Form RC-19 under Section 67(1), U.P. Revenue Code, 2006 forwarded by the opposite party no.2 with respect to land being Gata No. 827 as contained in Annexure No. P-1, P-2& P-3 annexed with this petition. ii. to issue a writ, order or direction in the nature of mandamus commanding the opposite party no.1 not to proceed further in the proceedings under Section 67, U.P. Revenue Code, 2006 instituted against the petitioner in an illegal and arbitrary manner, whereby the opposite party no.1 has got registered a case being number 9680 of 2025 (T202504680409680) under Section 67, U.P. Revenue Code, 2006 titled as 'Gaon Sabha Vs. Utkarsh Memorial Dhanpatti Devi Charitable Trust' and issued notice to the petitioner on Form RC-20 consequent to the reprot on Form RC-19 under Section 67(1), U.P. Revenue Code, 2006 forwarded by the Opp. Party no.2 with respect to land being Gata No. 827 as contained in Annexure No. P-1, P-2 & P-3 annexed with this petition until final disposal of the petitioner's applications under Section 101 of the U.P. Revenue Code, 2006 on 26.06.2025 before the Commissioner, Ayodhya Division, Ayodhya." 3. It has been submitted by learned counsel for the petitioner that the petitioner is an Educational Institution, which is running on land situated the various gata numbers, but the dispute is confined to the occupation of gata no. 827, which is recorded as a public way, which has been allegedly encroached by the petitioner. 4. It has further been submitted that in this regard a notice has been received by the petitioner under Section 67 of the U.P. Revenue Code from the Tehsildar, Tehsil Kadipur, District Sultanpur and the petitioner had also filed his objections to the said notice, on 25.06.2025 and the matter is under consideration. 5. Learned counsel for the petitioner has submitted that with regard to the same land proceedings under Section 101 of the U.P. Revenue Code, are pending before the Commissioner, Ayodhya Division, Ayodhya. 6. It is during the pendency of the aforesaid proceedings, the present writ petition has been filed to quash the entire proceedings. It has been submitted that the respondents have not made the inspection as per the U.P. Revenue Code have also violated the specific directions of this Court, issued in case of Rishi Pal. 7. Learned Standing Counsel on the other hand submits that once the petitioner has subjected himself before the Tehsildar, Tehsil Kadipur, District Sultanpur and has also filed objections then for the same ground he cannot invoke the writ jurisdiction of this Court, as it would be contesting parallel two proceedings in the same controversy. He further submits that all the objections which have been raised by the petitioner, would be considered by the Authority, while deciding the proceedings under Section 67 of the U.P. Revenue Code. 8. After hearing the rival contentions, this Court is of the considered view that once a notice has been issued to the petitioner in Form -20 and the petitioner has also responded to the said notice by filing objections to the incumbent upon the competent authority to conclude the proceedings in accordance with law, after giving full opportunity of hearing to the petitioner. Once the petitioner has subjected himself by the proceedings of Tehsildar then this Court would not exercise the extra ordinary jurisdiction under Article 226 of the Constitution of India to entertain the petition and adjudicate the same controversy, which is pending before the counter authority. 9. Accordingly for the aforesaid reasons, the petitioner is relegated the remedy before the Tehsildar where the proceedings under Section 67 of the U.P. Revenue Code are pending and the Tehsildar would proceed in the matter, strictly, in accordance with law. 10. With the aforesaid directions the petition stands dismissed. . (Alok Mathur, J.) Order Date :- 8.8.2025 Muk Digitally signed by :- MOHD UMAR KHAN High Court of Judicature at Allahabad, Lucknow Bench