TEJ BAHADUR v. STATE OF U.P. THRU. PRIN. SECY. REVENUE DEPTT. U.P. LKO. AND 9 OTHERS
WRIC/11391/2024 · 2025-01-21
Manish Kumar, Rajan Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 170965 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 170965 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:3956-DB Court No. - 2 Case :- WRIT - C No. - 11391 of 2024 Petitioner :- Tej Bahadur Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt. U.P. Lko. And 9 Others Counsel for Petitioner :- Manoj Kumar Yadav Counsel for Respondent :- C.S.C.,Bharat Lal Mishra,Rajeiu Kumar Tripathi Hon'ble Rajan Roy,J. Hon'ble Manish Kumar,J. Heard. After hearing learned counsel for the parties, what comes out is that pursuant to the order of the Board of Revenue dated 03.10.2024, the name of the petitioner has been entered in the record of the land in question but now the petitioner wants possession of the said land as according to him it is in possession of the private opposite parties. We fail to understand as to how such a writ petition under Article 226 of the Constitution of India could be filed. The appropriate course for the petitioner was to initiate a suit for possession or to initiate such other proceedings, as may be permissible under the U.P. Revenue Code, 2006, if the land is an agricultural land. This is nothing but an abuse of the process of the Court. The petition is absolutely ill advised. The only reason why we do not impose cost is that it is quite possible that the petitioner may have been given wrong advise to file this writ petition otherwise heavy cost would be imposed for filing such matters. Petitioner may avail the available remedy, as may be permissible under the law. In view of the aforesaid, the writ petition is dismissed. Order Date :- 21.1.2025 Ashish Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench