LAL BAHADUR v. STATE OF U.P. THRU. ADDL. SECY. REVENUE DEPTT. OF REVENUE LKO. AND 4 OTHERS
WRIC/8520/2025 · 2025-09-04
Brij Raj Singh, Sangeeta Chandra
body2025
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[ 2025 DAILYLAW 161670 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 161670 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8520 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. 2. This writ petition has been filed with the following prayers :- (i) To issue a writ, order or direction in the nature of mandamus commanding and directing the authority concerned to measure and provide the physical possession to the petitioner of his share in compliance of the final order/decree dated 23.5.2018. (ii) To issue a writ, order or direction in the nature of mandamus commanding and directing the opposite party no. 2 to decide the application dated 30.7.2025. 3. It has been submitted by the learned counsel for the petitioner that the petitioner is a co-tenure holder of land Gata No. 269 area measuring 0.6620 hectare and Gata No. 275 area measuring 0.5370 hectare situated at village Gyala Pargana Mohana, Tehsil-Bakshi Ka Talab, district Lucknow. The total area of aforesaid two gatas is 1.1990 hectares and the petitioner's share is 1/3 of the total area. 4. An application for partition was moved under Section 116 of the U.P. Revenue Code, 2006 and the preliminary report was submitted by the Area Lekhpal on 30.8.2015 which was forwarded by the Tehsildar, Versus Counsel for Petitioner(s) : Rajesh Yadav Counsel for Respondent(s) : C.S.C. Lal Bahadur .....Petitioner(s) State Of U.P. Thru. Addl. Secy. Revenue Deptt. Of Revenue Lko. And 4 Others .....Respondent(s)
Bakshi Ka Talab, Lucknow on 9.9.2015. The Sub-divisional Magistrate, Tehsil-Bakshi Ka Talab, district-Lucknow has passed an order dated 23.5.2018 but the respondents are not complying the said order. 5. Learned Standing Counsel has placed before this Court the instructions along-with the order of the Sub-divisional Magistrate dated 23.5.2018 wherein it has been stated that the real brother of the petitioner has challenged the order passed by the S.D.M. before the Additional Commissioner, Lucknow in Revision No. T201810000001911 under Section 331(3) of the U.P.Z.L.A.R. Act, 1950(Vijay Kumar versus Lal Bahadur) which is pending and the next date is fixed on 18.9.2025. Instructions are taken on record. 6. The writ petition is dismissed with the liberty to the petitioner to approach the revisional forum if he has any grievance. September 4, 2025 kanhaiya WRIC No. 8520 of 2025 2 (Brij Raj Singh,J.) (Mrs.
Sangeeta Chandra,J.) Digitally signed by :- KANHAIYA KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- KANHAIYA KUMAR High Court of Judicature at Allahabad, Lucknow Bench