JITENDRA KUMAR MISHRA AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. REVENUE DEPTT., LKO. AND OTHERS
WRIC/9126/2025 · 2025-09-24
Alok Mathur
body2025
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[ 2025 DAILYLAW 164823 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 164823 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9126 of 2025 Court No. - 5 HON'BLE ALOK MATHUR, J.
1. Heard Dr. Surendra Kumar Misra, learned counsel for petitioners as well as learned Standing Counsel for respondent Nos. 1 to 3 and Sri Dilip Kumar, learned counsel for respondent no. 17. 2. In light of the proposed order, notices to private respondents are dispensed with. 3. It has been submitted by learned counsel for petitioner that petitioner is the owner in possession of land situated at Gata No. 977, measuring 0.0810 hectare, situated at Village Reusa, Pargana - Kondarik, Tehsil - Biswan, District - Sitapur and had moved an application U/S 30(1) of U.P. Revenue Code for correction of the map. In the said proceedings, reports have been submitted by the revenue authorities and the matter has not attained finality and it is during the pendency of the said proceedings, present writ petition has been filed with the following main relief:-
"i) a writ, order or direction in the nature of mandamus, commanding / directing the opposite parties no. 5 to 17, not to create any hindrance in peaceful possession and enjoyment of the petitioners over their land bearing Gata No. 977, measuring 0.0810 hectare, situated at Village Reusa, Pargana - Kondarik, Tehsil - Biswan, District - Sitapur, till correction of map."
4. Considering the aforesaid prayer, it seems that the petitioners are Versus Counsel for Petitioner(s) : Dr. Surendra Kumar Misra, Avnish Kumar Tiwari Counsel for Respondent(s) : C.S.C., Dilip Kumar Pandey Jitendra Kumar Mishra And Another .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Revenue Deptt., Lko. And Others .....Respondent(s)
seeking an order to restrain private respondents from interfering in the peaceful possession in the said property and accordingly such relief against private respondents is not envisaged under Article 226 of Constitution of India. A writ would not be maintainable for the prayer made by the petitioner in the present writ petition. 5. Apart from which, it is noticed that proceedings U/S 30 of U.P. Revenue Code are already pending before the competent authority where the petitioners have full opportunity to move appropriate application and seek directions. 6. Accordingly, for the aforesaid reasons, this Court is not inclined to entertain present writ petition which is accordingly dismissed.
September 24, 2025 Ravi/ WRIC No. 9126 of 2025 2 (Alok Mathur,J.) Digitally signed by :- RAVI SHANKAR SRIVASTAV High Court of Judicature at Allahabad, Lucknow Bench