SAHAJ RAM MAURYA v. COLLECTOR, BAHRAICH AND OTHERS
WRIC/8478/2025 · 2025-09-04
Alok Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 161962 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 161962 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8478 of 2025 Court No. - 5 HON'BLE ALOK MATHUR, J.
1. Heard Sri Pankaj Kumar Tiwari, learned counsel for the petitioner, learned Standing counsel for respondent No.s 1 to 3.
2. In light of the order proposed to be passed notice to the respondent is dispensed with.
3. It has been submitted by learned counsel for the petitioner that he had instituted a suit under Section 117 of U.P. Revenue Code, 2006 for partition of Gata No. 74 situated at Village - Bardaha, Tehsil - Nanpara, District - Bahraich, wherein order was passed on 05.10.2023 and on 25.06.2024, regional Lekhpal submitted his partition report on
25.06.2024. Further by means of order dated 07.09.2024, the Sub Divisional Magistrate, Nanpara, Bahraich and confirmed the Kurra. In pursuance to order dated 07.09.2024, Khatauni has also been prepared in respect to the land in question.
4. It is next submitted by learned counsel for the petitioner that on 09.04.2025, petitioner moved an application before Sub Divisional Magistrate to carry out physical demarcation of the land in question and also necessary changes be carried out in the survey map of the concerned village. The petitioner also moved an application before the District Magistrate/Collector, Bahraich in this regard. It is submitted that despite applications being given by the petitioner, no steps have been taken with regard to the order passed by the revenue authority. Prayer has been made seeking direction to the Sub Divisional Magistrate to comply with his
order dated 07.09.2024, in respect to the land in question.
5. Learned Standing counsel, on the other hand, submits that the petitioner has equally efficacious and alternate remedy of executing the orders of revenue court as per Para 460 of U.P. Revenue Court Manual where an
order of revenue authority can be executed.
6. At this stage, learned counsel for the petitioner submits that liberty may be granted to the petitioner to approach the competent authority under Para 460 of U.P. Revenue Court Manual for execution of the orders passed by the Prescribed Authority as well as of the other authorities. Versus Counsel for Petitioner(s) : Pankaj Kumar Tiwari Counsel for Respondent(s) : C.S.C. Sahaj Ram Maurya .....Petitioner(s) Collector, Bahraich And Others .....Respondent(s)
7. Accordingly, the petition is disposed of with liberty to the petitioner to approach competent authority by moving appropriate application under para 460 of Revenue Court Manual to execute the orders of the revenue authorities. In case, such an application is moved within two weeks from today the same shall be disposed of expeditiously.
September 4, 2025 A. Verma WRIC No. 8478 of 2025 2 (Alok Mathur,J.) Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench