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2025 DAILYLAW 170031 (ALL)

MAURYA PRAMOD KUMAR v. STATE OF U.P. THRU. ADDL. CHIEF SECY. REVENUE CIVIL SECTT. LKO AND 4 OTHERS

/10977/2024 · 2025-01-24

Jaspreet Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:4915 Court No. - 8 Case :- WRIT - C No. - 10977 of 2024 Petitioner :- Maurya Pramod Kumar Respondent :- State Of U.P. Thru. Addl. Chief Secy. Revenue Civil Sectt. Lko And 4 Others Counsel for Petitioner :- Padam Kant Mishra Counsel for Respondent :- C.S.C.,Pankaj Gupta Hon'ble Jaspreet Singh,J. 1. Heard learned counsel for the petitioner, learned Standing Counsel for the State respondents and Shri Pankaj Gupta, learned counsel appearing for the Gaon Sabha. 2. The petitioner has filed the instant petition claiming the following reliefs:- (i) To issue a writ, order or direction in the nature of mandamus commanding the respondent authority to comply the order dated 24.08.2019, passed by the Sub Divisional Officer, Tehsil Raniganj, District Pratapgarh and order dated 25.07.2019, passed learned court below with respect to stone mark (Pathar Nasal) of petitioner's Gata No.124 Rakba 0.33 hectare, sitated at Kanewara Pure, Khushahali, Narayanpur Kala, Tehsil Raniganj, District Pratapgarh. (ii) To issue a writ, order or direction in the nature of mandamus commanding the respondents not to create any hindrance in peaceful possession of petitioner over land in question in any manner. 3. Submission of the learned counsel for the petitioner is that an order dated 24.08.2019 was passed in favour of the petitioner in proceedings under section 24 of the U.P. Revenue Code 2006. 4. It is further urged that the petitioner had moved an application seeking to get the orders dated 24.08.2019 as well as 25.07.2019 implemented, however, the authorities have not done the same rather they are creating hindrance in the peaceful possession of the petitioner over the land in question. 5. The petitioner in paragraph-16 has stated that the order passed by the Sub Divisional OfÏcer was not in the information of the petitioner and when the said authorities had visited the site for compliance, it is at that point of time, it was informed that the earlier order dated 25.07.2019 had been stayed by means of order dated 12.09.2024 passed by the Sub Divisional OfÏcer, Raniganj, District Pratapgarh. 6. At this stage, the Court had required the learned counsel for the petitioner to indicate where is the order dated 12.09.2024, to which he submitted that the said order has been placed on record as part of annexure no.7 and particularly at running page 37 of the paper book. 7. From the perusal of the said order dated 13.09.2024, the earlier order dated 25.07.2019 has been stayed and in this context it was put to the counsel for the petitioner as to whether the said orders have been put under challenge or whether the petitioner has moved any application seeking recall of the said order, to which counsel for the petitioner answered in the negative. 8. Considering the aforesaid that the order dated 13.09.2024 is not under challenge and the order dated 25.07.2019 has been stayed by the Authority, there can be no case for grant of mandamus as has been prayed by the petitioner and apparently the petition for the aforesaid reasons being completely misconceived is dismissed. However, it is left open for the petitioner to take recourse to law as may be available. Order Date :- 24.1.2025 ank Digitally signed by :- ALI NEWAZ KHAN High Court of Judicature at Allahabad, Lucknow Bench