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2025 DAILYLAW 166436 (ALL)

RAM BAHADUR @ MALKHAANE v. STATE OF U.P. THRU. PRIN. SECY. REVENUE LKO. AND 11 OTHERS

WRIC/9507/2025 · 2025-09-26

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9507 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J. This petition has been filed with the following prayers :- (i) issue a writ, order or direction in the nature of mandamus commanding the opposite parties especially opposite party no.2 to 4 to restraining the private respondents not to cut/ remove the trees standing over the Land bearing Gata No.643 area measuring 0.440, gata no.755, area 1.2090 hectare, Gata No.906 area measuring 0.5410 hectare, Gata No.907 area measuring 0.020 hectare, Gata no.908 area 0.330 hectare situated in village Gorkhapur, Pargana, Tehsil and Distrct Amethi also not to disturb the peaceful possession of the petitioner during pendency of the appeal filed by the petitioner registered as Computerized Appeal No. T202504710511169 [Ram Bahadur @ Malkhane versus Lallu @ Vikas and Others], in the interest of justice. (ii) issue a writ, order or direction in the nature of mandamus commanding the opposite party no.1 to 4 to ensure strict maintenance of status quo with regard to the disputed property until disposal of the pending Appeal No.T202504710511169 [Ram Bahadur @ Malkhane versus Lallu @ Vikas and Others] pending before Sub- Divisional Officer, Tehsil Amethi, District Amethi, in the interest of justice. It has been submitted by the learned counsel for the petitioner that the petitioner is recorded tenure holder of land bearing gata no.643 area Versus Counsel for Petitioner(s) : Dinesh Chandra Tewari Counsel for Respondent(s) : C.S.C., Mohan Singh Ram Bahadur @ Malkhaane .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Revenue Lko. And 11 Others .....Respondent(s) 0.440, gata no.755 area 1.2900 hectare, gata no. 892 area 0.559 hectare, gata no.906 area 0.5410 hectare, gata no.907 area 0.020 hectare, gata no.908 area 0.330 hectare, gata no.909 area 0.220 hectare in village Gorkhapur, Pargana, Tehsil and District Amethi. A forged will deed was made the basis of claim by the private respondents on property of the petitioner and the private respondent filed a case for mutation before the Naib Tehsildar. The petitioner has filed his objection stating therein that name of the petitioner has been recorded in the revenue record on the basis of PA 11 but the Naib Tehsildar vide order dated 25.6.2025 cancelled the PA 11 made in favour of the petitioner and on the basis of will deed dated 10.10.2016 name of the Bacchna has been entered. Being aggrieved by the order dated 25.6.2025 petitioner filed an appeal under Section 35 (2) of U.P. Revenue Code. During the pendency of the appeal trees situated on the land are being cut down by the private respondents. This petition is disposed of with the liberty to the petitioner to file a proper application bringing such facts on record and to the notice of the appellate court. September 26, 2025 mks WRIC No. 9507 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench