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2025 DAILYLAW 158821 (ALL)

NISIR ALI @ NASIR ALI SHAH v. STATE OF U.P. THRU. PRIN. SECY. REVENUE DEPTT., LKO. AND OTHERS

WRIC/8068/2025 · 2025-08-26

Alok Mathur

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8068 of 2025 Court No. - 5 HON'BLE ALOK MATHUR, J. 1. Heard learned counsel for the petitioner as well as learned Standing counsel for respondents. 2. With the consent of learned counsel for the parties, the matter is heard and decided at the admission stage itself. 3. Brief facts of the present case is that the petitioner and the private opposite parties are co-enure holders of land gata No.287 area 0.4790 hectare and land of gata No.345 area 0.0760 hectare situated in Village Gajehadi, Pargana Meeranpur, Tehsil- Sadar, District Sultanpur. 4. It has been submitted that land gata No.287 and 345 were minjumla numbers and no partition of the aforesaid lands were done in the revenue records due to which petitioner is unable to enjoy his peaceful possession over his part of land i.e. land Gata No.s 287 and 345 and is unable to construct her house over the said land. Accordingly, the petitioner moved an application dated 24.6.2024 before Sub Divisional Officer, Sadar Sultanpur under Section 116 of U.P. Revenue Code, 2006 for partition of share in land gata No.s 287 and 345 of the aforesaid village which was decided vide order dated 30.5.2025 by the Sub Divisional Officer but till date the said order has not been complied with despite the fact that the same has not been assailed before any higher authority or forum. 5. In the aforesaid facts, a prayer has been made for a direction to the Versus Counsel for Petitioner(s) : Shobh Nath Pandey Counsel for Respondent(s) : C.S.C., Mohan Singh Nisir Ali @ Nasir Ali Shah .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Revenue Deptt., Lko. And Others .....Respondent(s) respondent-officials to execute the said order. 6. Learned Standing counsel, 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 U.P. Revenue Court Manual where the orders of the revenue authorities may be executed and there is no extraordinary circumstances submitted by the petitioner for interference of this Court in is power under Article 226/227 of Constitution of India. 7. At this stage, learned counsel for the petitioner also submits that he may be granted liberty to move an application before the appropriate authority to execute the order passed by Sub Divisional Officer, Sadar, District Sultanpur. 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 U.P. Revenue Court Manual for executing the order dated 30.5.2025 and in case such an application is made, the same shall be considered and decided expeditiously, in accordance with law. August 26, 2025 RKM. WRIC No. 8068 of 2025 2 (Alok Mathur,J.) Digitally signed by :- RAKESH KUMAR MAURYA High Court of Judicature at Allahabad, Lucknow Bench