HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8656 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned counsel for the petitioner, learned Standing Counsel, who appears for the State-opposite parties and perused the record. 2. This writ petition has been filed by petitioner with following main prayer: "(i) issue a writ, order or direction in the nature of mandamus commanding and directing the opposite parties especially opposite party No. 4 & 5 not to harass the petitioner in any manner." 3. It is the case of the petitioner that father of the petitioner namely Peer Ali has executed unregistered will deed in favour of petitioner only in respect of land in question bearing Gata No.775/0.111 hectare and he had divided his other moveable and immoveable properties amongst all his other children equally. A copy of unregistered will deed is filed as Annexure No.2 to the writ petition. When the petitioner's father died in 2019, the petitioner moved an application under Section 38(6) of the U.P. Revenue Code and name of the petitioner was recorded in the revenue records in respect of Gata No.775 in place of Peer Ali. However, on complaint being made by two brothers of the petitioner, the Tehsildar, Tiloi, District Amethi along with area Lekhpal are now pressurizing the petitioner to partition his land bearing Gata No.775 and give equal share to his brothers in the said property. Hence this writ petition has been filed Versus Counsel for Petitioner(s) : Chandra Bhanu Singh Counsel for Respondent(s) : C.S.C. Akhtar Ali .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Revenue Lko. And 4 Others .....Respondent(s) with the aforesaid prayer. 4. Learned Standing Counsel has produced before this Court instructions sent by the Sub Divisional Magistrate, Tiloi, District Amethi, wherein it has been stated that on complaint being made by the petitioner's brother namely Saddam Hussain, an inquiry was conducted by the Revenue Inspector, Fursatganj and he has submitted a report that Gata No.775/0.090 hectare is situated in Village Odari, Pargana, Tehsil Tiloi, District Amethi. The father of the petitioner Peer Ali had bought 0.011 hectare land out of 0.090 hectare of Gata No.755 from one Pachchu s/o Shankar and it was also found that Pachchu s/o Shankar was Scheduled Caste person, who had not taken prior permission of the Collector before selling the said land and only to find out whether such prior permission was taken or not, the petitioner was contacted by the area Lekhpal. The petitioner has not given any satisfactory reply to the query made. 5. Learned Standing Counsel has pointed out that from page 28 of the writ petition, which is an extract of sale deed made by Pachchu s/o Shankar in favour Peer Ali, father of the petitioner, it is evident that the seller Pachchu s/o Shankar was belonging to 'paasi' caste and the petitioner's father was 'Fakir'. There is no mention of any permission having being sought. It is also not come out whether 'Fakir' was also recognize as scheduled caste and there was no evidence of taking such permission. 6. The writ petition is disposed of with direction to the petitioner to submit reply to the area Lekhpal, Tehsil Tiloi, District Amethi along with documents relating to sale being made in favour of Peer Ali by Pachchu s/o Shankar and whether any permission was taken from the Collector or whether any such permission was actually required under Section 98 of the U.P. Revenue Code, 2006 at the time of making such sale deed within ten days from today and an appropriate order shall be passed after providing opportunity of hearing to all concerned by the Tehsildar/Sub Divisional Magistrate concerned only thereafter. September 11, 2025 Anupam S/- WRIC No. 8656 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench