HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 11285 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE AMITABH KUMAR RAI, J. 1. Heard the learned counsel for the petitioner and the learned Standing counsel, who appears on behalf of the Opposite party nos.1 to 5. 2. This petition has been filed by the petitioner for the following prayers:- "I. Issue a writ order or direction in the nature of MANDAMUS, thereby commanding the opposite parties particularly opposite party no. 3 j.e. Sub- Divisional Magistrate, Tahsil- Jaisinghpur, District- Sultanpur to pass appropriate orders to execute the judgment and order dated 27.02.2025, passed in Case No. 05416/2024, Computerized Case No. T202404680705416, passed under section 24 of the U.P. Revenue Code, 2006 "Ankit Tiwari Vs. Gram Sabha and others", under provision of para 460 of U.P. Revenue Court Manual, in the interest of justice. II. Issue a writ order or direction in the nature of MANDAMUS, thereby commanding the opposite parties particularly opposite party no. 3 i.e. Sub- Divisional Magistrate, Tahsil- Jaisinghpur, District- Sultanpur to direct to the opposite party no. 5 i.e. Station House Officer, Police Station-Jaisinghpur, District- Sultanpur to lodge First Information Report against the opposite party no. 6 to 9, under section 223 of The Bharatiya Nyaya Sanhita (corresponding section 188 of I.P.C.) who have forcibly destroyed the identification of the land Versus Counsel for Petitioner(s) : Harish Chandra Counsel for Respondent(s) : C.S.C. Ankit Tiwari .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Revenue Lko And 7 Others .....Respondent(s) (patthar nasab) and forcibly tried to take possession over the identified land of the petitioner by the revenue authorities in compliance of the order dated 27.02.2025 passed by the opposite party no. 3 i.e. Sub Divisional Magistrate, Tahsil- Jaisinghpur, District-Sultanpyr, in most illegal and arbitrary manner, in the interest of justice. 111. Issue a writ order or direction in the nature of MANDAMUS, thereby commanding the opposite parties particularly opposite party no. 3 i.e. Sub- Divisional Magistrate, Tahsil- Jaisinghpur, District- Sultanpur to decide the applications dated 18.10.2025 filed in Case No. 05416/2024, Computerized Case No. T202404680705416, under section 24 of the U.P. Revenue Code, 2006, "Ankit Tiwari Vs. Gram Sabha", accordance with law, within stipulated period frame by this Hon'ble Court, in the interest of justice. (contained as ANNEXURE NO. 1 & 2 to this writ petition.) IV. Issue such other order or direction, which this Hon'ble Court may deem just and proper in the circumstances of the case in favour of the petitioner. V. Award the costs of the petition in favour of petitioner." 3. A preliminary objection has been raised by the learned Standing counsel regarding the maintainability of the petition. He has pointed out Prayer no.2 specifically where a direction has been sought by the petitioner to the Sub Divisional Magistrate, Tehsil Jaisinghpur, District Sultanpur, to direct the Opposite party no.5 i.e. the Station House Officer of P.S. Jaisinghpur, District Sultanpur, to lodge an FIR against the Opposite party nos.6 to 9 for forcibly destroying the identification of Land / Boundary pillars and for taking possession over the land of the petitioner. 4. The Counsel for the petitioner says that on the demarcation application moved by the petitioner, Case No.05416 of 2024 [Ankit Tiwari Vs. Gram Sabha and others] was filed in which an order was passed finally by the SDM on 27.02.2025 boundary pillars were erected thereafter but the boundary pillars have been destroyed by the Respondent nos.6 to 9. Despite application made by the petitioner, no steps have been taken by the Respondents. Hence, this petition has been filed. WRIC No. 11285 of 2025 2 5. This petition is finally disposed of with a direction to the petitioner to approach the Tehsildar concerned under Section 22 of the U.P. Revenue Code alongwith the relevant Rules in this regard. If such an application is made within a week, an appropriate decision shall be taken after giving opportunity of hearing strictly in accordance with law, within a period of four weeks' thereafter. November 24, 2025 N.PAL WRIC No. 11285 of 2025 3 (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench