HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8469 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned Counsel for the petitioners, learned Standing Counsel appearing on behalf of the State Respondents and Sri Dilip Kumar Pandey, learned Counsel appearing on behalf of the Gaon Sabha- Rasoolpur Saadat, Tehsil Bakshi Ka Talab, Lucknow. 2. This petition has been filed with the following main prayers:- "To issue a writ, order or direction in the nature of Mandamus commanding the specially O.P.NO.3 to currect the name of the petitioners in revenue record regarding khasra No.712 situated at village Rasoolpur Saadat Pargana Mahona in terms of the Hon'ble High Court's Order dated 05.12.2013 passed in the writ petition no.5990 (M/S) of 2012. To issue a writ, order or direction in the nature of Mandamus commanding the specially O.P.N.O.3 to permit the applicants/ petitioners to alienate the property regarding khasra no.712 situated at village: Rasoolpur Saadat, Pargna Mohona, Tehsil Bakshi Ka Talab, District: Lucknow." 3. It is the case of the petitioners that the petitioners' property was illegally declared as enemy property and the petitioners approached this Court in Writ Petition No.5990 (M/S) of 2012: Kailash @ Kunwar Kailash and others Vs. Versus Counsel for Petitioner(s) : Santosh Kumar Srivastava, Manish Kumar Shukla Counsel for Respondent(s) : C.S.C., Dilip Kumar Pandey Surajbali And 7 Others .....Petitioner(s) State Of U.P. Thru. The Secy. Deptt. Of Revenue And 6 Others .....Respondent(s) State of U.P. and others, challenging the order dated 31.01.2005 passed by the Sub Divisional Officer, Bakshi Ka Talab, declaring that the agricultural land in dispute was evacuee property and the names of the petitioners should be expunged from the revenue records and the property be recorded in the name of the State. 4. The petitioners also challenged the order passed in Revision which was dismissed on 24.01.2006. The Review application was also dismissed on 31.05.2008 and the restoration application was allowed on 03.12.2011, but the Revision was again dismissed on 13.09.2012. This Hon'ble Court in its judgement and order dated 05.12.2013 has set aside the impugned orders and remanded the matter to the Sub Divisional Officer Bakshi Ka Talab and directed the petitioners to appear before the Sub Divisional Officer on 16.01.2014. It has been submitted that the said case has not been decided till date. 5. We have gone through the judgement and order dated 05.12.2013, relevant extract of which is quoted hereinbelow:- "Accordingly both the impugned orders are set aside and matter is remanded to the SDO. Petitioners shall appear before the S.D.O. on 16.01.2014. Copy of the order declaring the property in dispute to be evacuee shall be supplied by the SDO or State authorities to the petitioners. Until final decision by SDO names of the petitioners shall not be expunged and no interference shall be made in their possession. However, till then petitioners are also restrained from alienating the property in dispute changing its nature or creating any charge thereupon. However, petitioners shall not be permitted to delay the proceedings. Not more than two adjournments shall be granted to the petitioners and if they seek third adjournment the above injunction/stay order shall stand automatically vacated. Writ petition is allowed." 6. We have also gone through the pleadings on record. It appears that the case is still pending before the Authorities. However, from a perusal of the WRIC No. 8469 of 2025 2 judgement and order dated 05.12.2013, it is evident that there was no direction to correct the name of the petitioners in the revenue records regarding Khasra No.712 situated in Village Rasoolpur Saadat, Pargana Mahona, and there was also a prohibition issued to the petitioners not to alienate the property in dispute till pendency of the case before the Sub Divisional Officer. 7. The petitioners have not challenged the order dated 05.12.2013. The petitioners in fact pray for compliance of the order dated 05.12.2013 by the respondents. 8. Since this Court in Writ Petition No.5990 (M/S) of 2012 had directed that till the decision of the case, petitioners are restrained from alienating the property in dispute or changing its nature or creating any charge thereupon, the prayer as made in this petition cannot be granted. 9. The Writ Petition is dismissed as misconceived. September 2, 2025 Rahul WRIC No. 8469 of 2025 3 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- RAHUL TRIPATHI High Court of Judicature at Allahabad, Lucknow Bench