HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 11656 of 2023 Court No. - 5 HON'BLE ALOK MATHUR, J. 1. Heard Shri Alok Kumar Misra, learned counsel for the petitioners, Shri Badrish Kumar Tripathi, learned Standing Counsel on behalf of State respondents no. 1 to 3 and Shri Lalit Kumar Singh, holding brief of Shri Karunakar Srivastava, learned counsel on behalf of respondents no.6 and 7. 2. It has been submitted by counsel for the petitioners that the petitioners along with opposite parties no. 5 and 7 are co-sharers of land situated at Gata No.84/0.080 hectare and Gata No.148kha/0.0530 hectare situated at Village Madhupur, Tehsil Mankapur, District Gonda. The petitioners as well as respondents no.5 to 7 had filed separate suits for partition all the said suits which were consolidated and a report was called from the Area Lekhpal, who submitted the Kurra report on 12/22.12.2018. In the said Kurra report, the Kurra was prepared after recording that there has been a Bahami batwara between the parties and also that the parties were in possession of the respective shares in the said land. The said Kurra report was confirmed by the Sub Divisional Magistrate by order dated 30.08.2019. Accordingly, it seems that the Kurra was prepared in accordance with rule 109 (5)(e)(g). The petitioners were aggrieved by the report of the Lekhpal (Kurra report) preferred a revision before the Additional Commissioner, Administration-II, Devipatan Mandal, District Gonda in 2023 which was rejected on the ground of limitation. Versus Counsel for Petitioner(s) : Alok Kr. Misra Counsel for Respondent(s) : C.S.C., Karunakar Srivastava, Pankaj Gupta Krishna Kumar Dwivedi @ Krishna Kumar And Another .....Petitioner(s) State Of U.P. Thru. Addil. Chief Secy., Deptt. Of Revenue, Lucknow And Others .....Respondent(s) Accordingly, the petitioners have filed the present writ petition being aggrieved by the revisional order dated 08.08.2023 as well as order passed by the Sub Divisional Officer dated 30.08.2019. 3. Counsel for the petitioners has submitted that his grievance in the present case only with regard to the Kurra report dated 22.12.2018 and also that the same has infirmity due to over writing. 4. Consideration of the aforesaid facts, a pointed query was made to the petitioners that pursuant to the Kurra report dated 22.12.2018, the Sub Divisional Magistrate in all probability would have finalized the matter after considering the objections filed against kurra report, and in case, the matter has been finalized, then in any view of the matter, the petitioners would have an opportunity to assail the final decree in appropriate proceedings, and in case, the petitioners are aggrieved by such final decree, where they can raise all the issues and orders which have been passed during pendency of the said proceedings. 5. Counsel for the petitioners at this stage submits that he may be permitted to withdraw this petition with liberty to assail the final decree along with the Kurra report in case the petitioners are so aggrieved. 6. Accordingly, the petition is dismissed at this stage with liberty to the petitioners to assail the final decree along with the Kurra report in case the petitioners, if so, choose. September 3, 2025 KR WRIC No. 11656 of 2023 2 (Alok Mathur,J.) Digitally signed by :- RABINDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench