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2025 DAILYLAW 174543 (ALL)

DEVESH SINGH AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF REVENUE, LKO. AND OTHERS

A227/6231/2025 · 2025-10-29

Alok Mathur

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 6231 of 2025 Court No. - 5 HON'BLE ALOK MATHUR, J. 1. Heard Shri Rakesh Kumar Singh, learned counsel for the petitioners as well as learned Standing Counsel for State- respondents no. 1, 2, 3 and 6 and Shri Mohan Singh, who has accepted notice on behalf of respondent no.7- Gaon Sabha. 2. In view of the order proposed to be passed, issuance of notice to private respondents, is dispensed with. 3. As directed, learned Standing Counsel has filed counter affidavit, which is taken on record. 4. The petitioners have filed the instant writ petition with the following prayers:- "I. Issue a writ, order or direction, thereby commanding the opposite parties particularly opposite party no. 3 to decide the Case No. 4767 of 2025, Computerized Case No. T-202504230104767, "Devesh Singh and others Vs. Maya Singh and others", filed by the petitioners, under Section 25 and 26 of the U.P. Revenue Code, 2006, which is pending since 05.09.2024, in light of the judgment/ order dated 10.03.2025 passed by this Hon'ble Court in Matters under Article (A-227) No. 913/2025, "Devesh Singh and another Vs. State of U.P. and others", in the interest of justice. (annexed as Annexure No.1 to this petition). II. Issue a writ, order or direction, thereby commanding the opposite parties, particularly opposite party no.3 to trace out the original record of the application Versus Counsel for Petitioner(s) : Rakesh Kumar Singh Counsel for Respondent(s) : C.S.C., Mohan Singh Devesh Singh And Another .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Revenue, Lko. And Others .....Respondent(s) under Sections 25 & 26 of the U.p. Revenue Code, 2006, registered as Case No. 4767/2025, Computerized Case No. T-202504230104767, "Devesh Singh and others Vs. Maya Singh and others", in the interest of justice. III. Issue a writ, order or direction to summon the opposite party no.3 to produce the original record of the Case No. 4767 of 2025, Computerized Case No. T- 202504230104767, "Devesh Singh and others Vs. Maya Singh and others", filed by the petitioners, under Sections 25 and 26 of the U.P. Revenue Code, 2006, in the interest of justice." 5. The present writ petition has a checkered history as he has stated that the petitioners have moved an application under sections 25/26 of the U.P. Revenue Code before the Tehsildar, Tahsil Sadar, District Ayodhya i.e. respondent no.3 on 5.9.2024 and it seems that the case was never registered. 6. It is in the aforesaid circumstances, being aggrieved by the conduct of State Authorities, the petitioners had approached this Court by filing a writ petition bearing Writ Petition No. 913 of 2025 in the matters under Article 227 of the Constitution of India, where this Court was of the view that non registration of the case was deliberate and due to complete negligence and apathy of the Revenue Authorities, it is on the interference of this Court that a case was duly registered on 4.4.2025 after receiving a report of the Revenue Inspector. subsequently the proceedings are under way and it is in the pendency of the aforesaid proceedings that the petitioners had applied for obtaining of certain certified copies of the proceedings of the aforesaid case. 7. On the application preferred by the petitioners, it was noted that the certified copies were not issued stating that the documents sought by the petitioners are not available on record. 8. It is in the aforesaid circumstances, this Court had directed the Standing Counsel to produce the original paper book and in compliance thereof original document is produced. The perusal of the record pertaining to Case No. 202504230104767 pending before the Tehsildar (Judicial), Tehsil- Sadar, District Ayodhya, I find that the application dated 18.3.2025 preferred by the petitioners is available on the record as A227 No. 6231 of 2025 2 well as the copy of the complaint/ application dated 5.9.2024 is available on record. 9. Accordingly, I do not see any reason as to why the relevant documents are available on record, the same are not granted to the petitioners. 10. Learned Standing Counsel has assured this Court that the copy of the documents sought by the petitioners shall be granted to them, with expedition within the next one week. 11. In light of the above, no further directions are required to be passed in the present case. The respondents - Authorities are again cautioned to proceed strictly, in accordance with law. 12. With the aforesaid observations, the instant writ petition stands disposed of. October 29, 2025 Muk A227 No. 6231 of 2025 3 (Alok Mathur,J.) Digitally signed by :- MOHD UMAR KHAN High Court of Judicature at Allahabad, Lucknow Bench