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2025 DAILYLAW 157904 (ALL)

WAHID ALI v. STATE OF U.P. THRU. PRIN. SECY., REVENUE, LKO. AND OTHERS

WRIC/7839/2025 · 2025-08-14

Alok Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:47811 Court No. - 5 Case :- WRIT - C No. - 7839 of 2025 Petitioner :- Wahid Ali Respondent :- State Of U.P. Thru. Prin. Secy., Revenue, Lko. And Others Counsel for Petitioner :- Ajay Kumar Pandey Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J. 1. Heard Sri Ajay Kumar Pandey, learned counsel for the petitioner as well as learned Standing counsel on behalf of respondent No.s 1, 2 and 3. 2. In light of the proposed order notice to private respondent is dispensed with. 3. The grievance raised in the p resent writ petition is with regard to the report dated 26.6.2025 which has been submitted by opposite party No.3 i.e. Tehsildar, Tehsil Rudauli, District Ayodhya in proceedings under Section 38 of U.P.Revenue Code. 4. It has been submitted on behalf of the petitioner that the petitioner had purchased a share of tenure holder Mohd. Yunus son of Mohd. Usman through a registered sale deed dated 21.12.2022 of gata No.248 area 1.470 hectare and gata No.250 area 0.140 hectare situated in Village Dashrathmanu, pargana and Tehsil Rudauli, District Ayodhya. It is in regard to the aforesaid property that a suit was filed under Section 144 of U.P. Revenue Code by opposite party No.4 which was dismissed in default on 6.11.2023 against which an application for recall was filed which is still pending consideration and it is during pendency of the aforesaid proceedings that an application under Section 38 of U. P. Revenue Code has been filed before opposite party No.2 i.e. Sub Divisional Magistrate, Tehsil Rudauli, District Ayodhya where the impugned report has been submitted. 5. Learned Standing counsel has raised a preliminary objection that in the proceedings under Section 38 of U.P. Revenue Code submission of a report by the Tehsildar does not result and is not adverse agaisnt the petitioner in light of the fact that it is always open for the petitioner to appear in the said proceedings and file his objections. 6. After arguing the matter at some length, learned counsel for the petitioner submits that the petitioner is ready and willing to file objections and prays that a suitable direction may be issued to opposite party no.2 to consider his objection while passing any order on the report submitted by opposite party No.3. 7. Learned Standing counsel does not oppose the innocuous prayer made by the petitioner. 8. In view of the above, the petition is disposed of giving liberty to the petitioner to file his objections to the impugned report dated 26.6.2025 within next ten days. In case, such objections are filed the same shall be duly considered by opposite party No.2 while passing final orders, in accordance with law. (Alok Mathur, J.) Order Date :- 14.8.2025 RKM. Digitally signed by :- RAKESH KUMAR MAURYA High Court of Judicature at Allahabad, Lucknow Bench