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2025 DAILYLAW 159458 (ALL)

MOHAMMAD ISHTIYAQ v. STATE OF U.P. THRU. PRIN. SECY./ADDL. CHIEF SECY. REVENUE DEPTT. LKO. AND 6 OTHERS

WRIC/8153/2025 · 2025-08-26

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8153 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J. 1. Heard the learned counsel for the petitioner and the learned Standing Counsel who appears on behalf of the State-respondent nos.1 to 5. 2. In view of the order proposed to be passed, issuance of notice to the Opposite party nos.6 and 7 is dispensed with. 3. This petition has been filed by the petitioner for the following main prayers:- "i) Issue a writ, order or direction in the nature of Mandamus thereby commanding and directing the Opposite party nos.1 to 5 to take coercive action in the matter and stop the illegal interference by the local police and revenue authorities in the peaceful possession, use and enjoyment of the land in question or hindrance in plantation and cultivation of Paddy Crops by the petitioner in any manner whatsoever. ii) Issue a writ, order or direction in the nature of mandamus commanding and directing the opposite parties no.1 to 5 from taking any action for demolition of the bunds (Medhon) or changing the nature of the land in question till the final disposal of the case under section 30 of the U.P. Revenue Code, 2006 filed by the petitioner and pending before the Additional District Magistrate, Pratapgarh. Versus Counsel for Petitioner(s) : Mohiuddin Khan, Matloob Ali Counsel for Respondent(s) : C.S.C. Mohammad Ishtiyaq .....Petitioner(s) State Of U.P. Thru. Prin. Secy./Addl. Chief Secy. Revenue Deptt. Lko. And 6 Others .....Respondent(s) (iii) Pass any other suitable order or direction which this Hon'ble Court may deem fit, just and proper in the interest of justice. (iv) Allow the petition with costs." 4. It has been submitted by the learned counsel for the petitioner that the petitioner is the recorded tenure holder and in possession of Gata No.64 Minjumla and Gata No.65 Minjumla since the first settlement. A copy of the Khatauni of 1427-1432 Fasli of Khata No.00165 has been filed as Annexure No.2 to the petition. The adjoining Gata No.39 is recorded as Kabristan and Gata No.40 is recorded as Mukhya marg. At the time of consolidation, the Map of Gata No.38 has been traced wrongly showing the plot to be smaller than its actual area recorded in the Khatauni. The petitioner filed a Case under Section 30 of the U.P. Revenue Code and also moved an application for interim injunction to restrain the Opposite parties from demolishing the Mend/ Embankment of the land and changing the nature of such land. The next date fixed in the matter is 28.08.2025 before the Additional District Magistrate, Pratapgarh. The Opposite party no.7, who is the family member / cousin of the petitioner is trying to forcibly occupy the land of the petitioner. The petitioner moved an application on 23.07.2025 before the Sub Divisional Officer, Raniganj, District Pratapgarh, where the Sub Divisional Officer has directed the Tehsildar Raniganj, to ensure that Breach of peace is maintained and there is no breach of peace. 5. Despite such orders, the Area Lekhpal has submitted a report on 01.08.2025 while making reference to the case of the petitioner filed under Section 30 of the U.P. Revenue Code has recommended, no action be taken against the Opposite party no.7. Hence, this petition has been filed with the aforesaid prayers. 6. This writ petition is disposed of with a direction to the S.D.M. Raniganj, District Pratapgarh, to look into the grievance of the petitioner as raised by him in his application dated 23.07.2025 and pass an appropriate order, after giving opportunity of hearing to the Opposite party nos.6 and 7. August 26, 2025 N.PAL WRIC No. 8153 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench