ANJANI KUMAR SINGH v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF REVENUE LKO. AND 5 OTHERS
WRIC/8186/2025 · 2025-08-28
Brij Raj Singh, Sangeeta Chandra
body2025
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[ 2025 DAILYLAW 159550 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 159550 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8186 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J.
HON'BLE BRIJ RAJ SINGH, J.
1. Heard learned counsel for the petitioner and learned Standing Counsel for the State Respondents. 2. This writ petition has been filed with the following prayer:-
"A. a writ, order or direction in the nature of mandamus commanding the respondents to stop the illegal constructions over the land in question without any due process of law over gata no. 964, 965, 966, 967, 968, 969, 970, 971, 972, 073, 974. 976, 977, 978, 979, 980, 981, 982, 983, 984, 985, 986, 987, 988 situated at village-Gorabarik, Pargana-Meeranpur, Tehsil-Sadar, District-Sultanpur which is adjoining to the city of Sultanpur) in compliance of the order dated 11.07.2025 passed by Board of Revenue Lucknow in Case No. Rev/2732/2025/Sultanpur (Computerized case No.R-2025468002732) Anjani Kumar Singh Vs. State of UP through District Magistrate, Sultanpur U/s 210 of UP Revenue Code 2006."
3. It has been submitted by learned counsel for the petitioner that the petitioner's ancestors were recorded tenure holders of several gatas/plot numbers as aforesaid situated at village-Gorabarik, Pargana-Meeranpur, Tehsil-Sadar, District-Sultanpur which plots of land are adjoining to the city of Sultanpur. The Nagar Palika Parishad, Sultanpur started interfering in the possession of the petitioner. The petitioner approached this Court Versus Counsel for Petitioner(s) : Satyendra Kumar Tiwari, Jay Prakash Singh Counsel for Respondent(s) : C.S.C., Virendra Mishra Anjani Kumar Singh .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Revenue Lko. And 5 Others .....Respondent(s)
by filing a Writ Petition, bearing Writ-C No. 329 of 2025, 'Anjani Kumar Singh Vs. State of U.P. and Others'. This Court noted the arguments made by learned counsel for the petitioner but also stated that since the petitioner is alleging a fraudulent entry in the Revenue Records in favour of the Nagar Palika Parishad, Sultanpur, he should move an appropriate application for correction of records. The petitioner moved an application for correction of records in pursuance of such order passed by this Court registered as Case No. D202504680002773 under Section 38(1) of the U.P. Revenue Code alongwith an application for interim relief. The Court of Tehsildar called for a report, and the Revenue Inspector and Area Lekhpal submitted a report in favour of the petitioner on 26.05.2025.
However, the application for interim relief was rejected, the petitioner filed a revision against the same before the Board of Revenue and the Board of Revenue by its order dated 11.07.2025 has directed the Court of Tehsildar to decide the application for correction within a period of four months from the date a copy of this order is produced before the Tehsildar and also directed that till the decision of such case under Section 38, status quo be maintained by the parties. It has been submitted that despite such order being passed by the Court of Revenue on 11.07.2025, the construction is going on in full swing being under taken by contractors of Nagar Palika Parishad, Sultanpur. Hence this writ petition has been filed. 4. Learned counsel appearing for the Nagar Palika Parishad, Sultanpur, on the basis of instructions, says that till date the land in question is recorded in the name of Nagar Palika Parishad, Sultanpur as it has succeeded to the Gram Sabha after determination of municipal limits. 5. Learned counsel for the Nagar Palika Parishad, Sultanpur has also produced a copy of the khatauni dated 1427-1432 Fasli (01.07.2019 to 30.06.2025) wherein it has been stated that in pursuance of an order passed by Tehsildar dated 22.06.2025 lands in village Gorabarik has mentioned in the khatauni have been transferred in favour of and vested in Nagar Palika Parishad, Sultanpur. The plot numbers belonging to the petitioner as mentioned in the prayer clause are all mentioned in the said khatauni as belonging to the Nagar Palika Parishad after they vested in it. It has been submitted that constructions has been going on the land in question since 2023 in stages. A public toilet has been built on WRIC No. 8186 of 2025 2
27.04.2023, the Amhat taxi stand has also been operating on the land in question since long, now only two workshops, and one store room is being built.
The petitioner has already filed a Suit for Declaration under Section 229(B) before the Revenue Code which is pending and he has also filed an application for correction under Section 38 of the U.P. Revenue Code, which is also pending. 6. It has also been submitted by learned Standing Counsel that for alleged non-compliance of the order passed by the Court of Revenue, the petitioner has remedy under Paragraph 460 of the Revenue Court Manual. 7. The writ petition stands disposed of with liberty to the petitioner to approach the Board of Revenue under Paragraph 460 of the Revenue Court Manual. August 28, 2025 Darpan Sharma WRIC No. 8186 of 2025 3 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- DARPAN SHARMA High Court of Judicature at Allahabad, Lucknow Bench