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2025 DAILYLAW 170309 (ALL)

Prahlad Singh @ Ravi Singh v. State of U.P. through Principal Secretary, Revenue, Civil Secretariat Lucknow and ORS.

WRIC/10959/2024 · 2025-02-07

Jaspreet Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:8237 Court No. - 8 Case :- WRIT - C No. - 10959 of 2024 Petitioner :- Prahlad Singh @ Ravi Singh Respondent :- State Of U.P. Through Principal Secretary, Revenue, Civil Secretariat Lucknow And Ors. Counsel for Petitioner :- Angrej Nath Shukla,Rajendra Kumar Pandey Counsel for Respondent :- C.S.C.,Pankaj Gupta Hon'ble Jaspreet Singh,J. 1. Heard learned counsel for the petitioner. Notice on behalf of the respondents no.1 and 2 has been accepted by the ofÏce of the Chief Standing Counsel. 2. By means of the instant petition, the petitioner seeks direction in the nature of mandamus commanding the respondent no.2 to comply with an order dated 28.10.2024 passed in proceedings under Section 67 of the U.P. Revenue Code 2006. 3. A specific query was put to the counsel for the petitioner as to how the instant petition is maintainable as the petitioner was not a party to the proceedings under Section 67 of the Code 2006. 4. In response, it has been stated that since the proceedings were initiated in pursuance of a Public Interest Litigation where the petitioner was a complainant, accordingly he has ample locus to maintain this petition. 5. Having considered the aforesaid, this Court is of the clear view that is so far as the petitioner is concerned, he was not a party to the proceedings under section 67 of the Code, 2006. He may have been a complainant upon which the proceedings were triggered and which has resulted in the order dated 28.10.2024. However, the same is a judicial order passed in exercise of statutory powers under the U.P. Revenue Code 2006. The said order is appealable in terms of the Code itself. However, that is the matter between the State and the person against whom the proceedings were initiated. The petitioner who was merely a complainant and his concerns have been adequately met once the proceedings were initiated but this does not give locus to the petitioner to seek execution of an order passed in judicial proceedings between two other distinct parties. Hence, this Court does not find it appropriate to entertain the petition at the behest of the third party to seek mandamus for implementation of a judicial order passed in proceedings where petitioner was not a party. Needless to say that if the order in question has attained finality then the State will be obliged to do the needful to take the proceedings to its logical conclusion. 6. In view thereof, the petition is dismissed. Order Date :- 7.2.2025 ank Digitally signed by :- ALI NEWAZ KHAN High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ALI NEWAZ KHAN High Court of Judicature at Allahabad, Lucknow Bench