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2025 DAILYLAW 170516 (ALL)

KAMLA DEVI AND 10 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. REVENUE DEPTT. LKO. AND 5 OTHERS

/1133/2024 · 2025-01-07

Pankaj Bhatia

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:991 Court No. - 7 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1133 of 2024 Petitioner :- Kamla Devi And 10 Others Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt. Lko. And 5 Others Counsel for Petitioner :- Sudhakar Mishra Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Pankaj Bhatia,J. 1. Heard learned Counsel for the petitioner as well as learned Standing Counsel. 2. The present petition has been filed with the following prayer: "i. Issue a writ order or direction in the nature of mandamus thereby commanding and directing to the opposite party no. 2 & 3 to not initiated any removal proceedings against the petitioners who are residing by constructing their house on the Gata No. 1544 K and 1544 Kha since their ancestors life time, on the basis of the uncorrected revenue records other than Doyam and Soyam, which has been filed annexed Annexure No.1 to this writ petition. ii) Issue a Writ order or direction in the nature of Mandamus thereby commanding and directing to the opposite parties to correct the revenue record on the basis of the record of Doyam and Soyam mentioned in the application of the petitioners dated 20.10.2024 contained as annexed Annexure No.2 to this writ petition." 3. Learned Standing Counsel states that for prayer no.ii, the appropriate remedy is of moving an application under Section 38 of the U.P. Revenue Code. 4. Considering the said objection and upholding the same, the present petition is disposed off giving liberty to the petitioner to file an application under Section 38 of the U.P. Revenue Code. In case, such application is filed, the same shall be considered and disposed of in accordance with law. Order Date :- 7.1.2025 akverma Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench