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2025 DAILYLAW 165822 (ALL)

MAZAR SHARIF SHAHEED-E-MILLAT THRU. SECY. AASHIKAN-E-BABA SHAHEED-E-MILLAT COMMITTEE,BALRAMPUR v. STATE OF U.P. THRU. PRIN. SECY., DEPTT. OF REVENUE, LKO. AND OTHERS

/5661/2025 · 2025-09-23

Alok Mathur

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 5661 of 2025 Court No. - 5 HON'BLE ALOK MATHUR, J. Heard Sri Rahul Kumar Shukla, learned counsel for the petitioner, learned Standing counsel on behalf of respondent No.s 1 to 6 and Sri Pankaj Gupta for respondent No.7. 1. By means of the present petition the petitioner has assailed the proceedings pending before Tehsildar, Tehsil Utraula, Balrampur under Section 67 of U.P. Revenue Code in case No.6659 of 2025 and computerized case No.T202508100306659 (Gaon Sabha Vs. Majar Sharif). 2. It has been submitted on behalf of the petitioner that the proceedings has been initiated under Section 67 of U.P. Revenue Code on the ground that the land on which Mazar is shown is recorded as station of Sahdullanagar Police station land. It has been submitted that it is in this regard that the complaint of local police was made on which report of the revenue authorities was obtained and proceedings have been initiated. It is stated that once Anwar Hashmi has been shown to be a person in charge of the said mazar and he has been shown as Mutwalli and proceedings are proceeding but, in fact, in paragraph 17 of the writ petition the petitioner has stated that it is in fact the petitioner who is in- charge of the management and he has not been impleaded as a party and, therefore, the proceedings are illegal, arbitrary and deserves to be set aside. 3. Learned Standing counsel, on the other hand, has stated that in case the petitioner wishes to be associated with regard to the proceedings, it is open for him to move appropriate application in the proceedings under Section 67 of U. P. Revenue Code before the Tehsildar, Tehsil Utraula, District Balrampur, who if he finds that the petitioner is a person in control of the disputed land, the petitioner can be joined in the said proceeding and he shall also be given full opportunity in this regard. 4. The petitioner does not oppose the arguments raised by the Sanding counsel. 5. Accordingly, with the consent of the parties, the present petition is disposed of 6. Versus Counsel for Petitioner(s) : Rahul Kumar Shukla, Shivam Srivastava Counsel for Respondent(s) : C.S.C., Pankaj Gupta Mazar Sharif Shaheed-E-Millat Thru. Secy. Aashikan-E- Baba Shaheed-E-Millat Committee,Balrampur .....Petitioner(s) State Of U.P. Thru. Prin. Secy., Deptt. Of Revenue, Lko. And Others .....Respondent(s) with liberty to the petitioner to move appropriate application for impleadment before the Tehsildar in proceedings under Section 67 of U.P. Revenue Code. The Tehsildar shall invite objections from the all the concerned and decide the application of the petitioner. In case, he finds that the petitioner is in-charge of the petitioner institution, he shall be impleaded as a party and shall be given full opportunity of hearing before passing any order under Section 67 of U.P. Revenue Code. 7. With aforesaid direction the petition is disposed of. 8. September 23, 2025 RKM. A227 No. 5661 of 2025 2 (Alok Mathur,J.) Digitally signed by :- RAKESH KUMAR MAURYA High Court of Judicature at Allahabad, Lucknow Bench