NIRMAN SAHKARI AVAS SAMITI LTD., LKO. THRU. SECY. SHRI PRADEEP AGARWAL v. DISTRICT MAGISTRATE-CUM-COLLECTOR, COLLECTORATE, LKO. AND OTHERS
WRIC/8357/2025 · 2025-09-02
Alok Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 160598 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 160598 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8357 of 2025 Court No. - 5 HON'BLE ALOK MATHUR, J.
1. Heard Sri Pradeep Agarwal, learned counsel for the petitioner as well as learned Standing Counsel for respondent nos. 1 to 3. 2. In the light of proposed order notice to private respondent is dispensed with. 3. The petitioner before this Court is a Cooperative Housing Society registered under the U.P. Cooperative Societies Act, 1965 and it seems that the dispute with regard to boundary of the said society has occurred which has gained attention of the Police authorities, who in their turn have directed the concerned Sub Divisional Magistrate to demarcate the land of the petitioner and in the aforesaid circumstances, the petitioner has sought direction to the Sub Divisional Magistrate, Sadar Tehsil, Lucknow as well as Tehsildar, Tehsil - Sadar, Lucknow to conclude the pending proceedings under the provisions of U.P. Revenue Code, 2006, pertaining to petitioner societies' land situated over Gata No. 289, Pargana and Tehsil - Sadar, District - Lucknow. 4. Learned Standing Counsel on the other hand has submitted that in case such a direction is sought by the petitioner, then appropriate application under Section 24 ought to have been made and all the persons who are having boundaries adjacent to the disputed land be impleaded as necessary parties, who should be given opportunity before any order is Versus Counsel for Petitioner(s) : Pradeep Agrawal, Alok Kumar Gupta Counsel for Respondent(s) : C.S.C. Nirman Sahkari Avas Samiti Ltd., Lko. Thru. Secy. Shri Pradeep Agarwal .....Petitioner(s) District Magistrate-Cum-Collector, Collectorate, Lko. And Others .....Respondent(s)
passed under Section 24 of the U.P. Revenue Code, 2006. 5. At this stage, learned counsel for the petitioner submits that grievance of the petitioner shall be substantially redressed in case liberty is granted to him to move an application under Section 24 of the U.P. Revenue Code, 2006 to the Sub Divisional Magistrate, Sadar Tehsil, Lucknow, who in turn may be directed to conclude the proceedings in accordance with law. 6. In the light of above, present writ petition is disposed of with liberty to the petitioner to move appropriate application under Section 24 of the U.P. Revenue Code, 2006.
In case such an application is made, by the petitioner within next two weeks, the Sub Divisional Magistate, Tehsil - Sadar, Lucknow is directed to proceed to consider and decide the same with expedition, in accordance with law. September 2, 2025 A. Verma WRIC No. 8357 of 2025 2 (Alok Mathur,J.) Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench