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2025 DAILYLAW 158168 (ALL)

RAM JUDAWAN v. SUB DIVISIONAL MAGISTRATE, BALRAMPUR AND OTHERS

A227/4861/2025 · 2025-08-19

Alok Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:48427 Court No. - 5 Case :- MATTERS UNDER ARTICLE 227 No. - 4861 of 2025 Petitioner :- Ram Judawan Respondent :- Sub Divisional Magistrate, Balrampur And Others Counsel for Petitioner :- Perdeep Kumar Tripathi Counsel for Respondent :- C.S.C.,Pankaj Gupta Hon'ble Alok Mathur,J. 1. Heard Sri Pradeep Kumar Tripathi, learned counsel for the petitioner, learned Standing counsel for respondent No. 1 and Sri Pankaj Gupta, learned counsel appearing for respondent No.5. 2. In light of the order proposed to be passed notice to the respondents is dispensed with. 3. It has been submitted on behalf of the petitioner that petitioner is owner of the land being Gata No. 102/1.234 and 303/0.551 hectares situated at Village - Naubasta Mudila, Pargana, Tehsil and District - Balrampur. On 10.05.2018, the Court of Sub Divisional Magistrate, Balrampur passed an order in favour of the petitioner in Case No. 01731 of 2018 (Computerized Case No. T201808100101731) - Ram Judawan Vs. Pancham and Others, under Section 24 of the U.P. Land Revenue Code, 2006 whereby he confimed the demarcation report dated 01.06.2009 alongwith field book map. Being aggrieved by order dated 10.05.2018, respondent nos. 2, 3 and 4 preferred an appeal before Additional Commissioner, Devipatan Division, Gonda, who dismissed the appeal by order dated 27.09.2022. The private respondents preferred revision before the Board of Revenue, U.P., Lucknow, which remained pending for about three years without any stay order. 4. The petitioner moved an application before Sub Divisional Magistrate, Balrampur for for execution of order dated 10.05.2018, wherein no orders have been passed till date. Subsequently, petitioner approached this Court seeking direction to the Board of Revenue to decide the revision expeditiously. This Court by means of order dated 18.02.2025, passed direction to the Board of Revenue to expedite the proceedings of pending revision. In pursuance to the order passed by this Court, the Board of Revenue passed order in favour of petitioner. The petitioner again moved representation before the Sub Division Magistrate for compliance of order dated 10.05.2018, but till date no orders have been passed. 5. Learned Standing counsel, on the other hand, submits that the petitioner has equally efficacious and alternate remedy of executing the orders of revenue court as per Para 460 of U.P. Revenue Court Manual where an order of revenue authority can be executed. 6. At this stage, learned counsel for the petitioner submits that liberty may be granted to the petitioner to approach the competent authority under Para 460 of U.P. Revenue Court Manual for execution of the orders passed by the Prescribed Authority as well as of the other authorities. 7. Accordingly, the petition is disposed of with liberty to the petitioner to approach competent authority by moving appropriate application under para 460 of Revenue Court Manual to execute the orders of the revenue authorities. In case, such an application is moved within two weeks from today the same shall be disposed of expeditiously. Order Date :- 19.8.2025 A. Verma (Alok Mathur, J.) Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench