SHYAM SUNDAR TIWARI v. STATE OF U.P. THRU. PRIN. SECY. REVENUE DEPTT. U.P. LKO. AND 7 OTHERS
A227/4679/2025 · 2025-08-07
Alok Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 156091 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 156091 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:46584 Court No. - 5 Case :- MATTERS UNDER ARTICLE 227 No. - 4679 of 2025 Petitioner :- Shyam Sundar Tiwari Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt. U.P. Lko. And 7 Others Counsel for Petitioner :- Dinesh Kumar Shukla Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J.
1. Heard learned counsel for petitioner as well as learned Standing Counsel for respondents.
2. With the consent of learned counsel for parties, the matter is heard and decided at the admission stage itself.
3. By means of present writ petition, the petitioner has prayed for an order to respondents to take appropriate and lawful action regarding possession of demarcated land gata No. 1442/0.773 hectare situated in village Parsagodri Paragana Pahadpur Tehsil Colonelganj District Gondain.
4. It has been submitted that the respondent No. 3 has passed the order for demarcation of the aforesaid land of the petitioner and fix permanent boundary and submit report vide order dated 20.06.2024 but no action has been taken place yet and till date the said order has not been complied with.
5. In the aforesaid facts, a prayer has been made for a direction to the respondent-officials to execute the said orders.
6. Learned Standing on the other hand has opposed the writ petition and has submitted that there is adequate alternative remedy available to the petitioner under Para 460 of the U.P. Revenue Court Manual where the orders of the revenue authorities may be executed and there is no extraordinary circumstance submitted by the petitioner for interference of this Court in its power under Article 226/227 of Constitution of India.
7. At this stage, learned counsel for petitioner also submits that he may be granted liberty to move an application before the appropriate authority to execute the order of respondent No. 3.
8. In light of the above, the writ petition is disposed of with a
liberty to the petitioner to move an application under Para 460 of the U.P. Revenue Court Manual for executing the order for demarcation and in case such an application is made, the same shall be considered and decided expeditiously in accordance with law. (Alok Mathur, J.) Order Date :- 7.8.2025 Ravi/ Digitally signed by :- RAVI SHANKAR SRIVASTAV High Court of Judicature at Allahabad, Lucknow Bench