SMT. RAJESHWARI DEVI AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. REVENUE, LKO. AND OTHERS
WRIC/10996/2025 · 2025-11-18
Alok Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 177135 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 177135 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 10996 of 2025 Court No. - 5 HON'BLE ALOK MATHUR, J. Heard Sri Vishwesh Pratap Singh, learned counsel for the petitioners as well as learned Standing counsel on behalf of respondent No.s 1, 2 and 3.
1. In view of the proposed order notice to the private respondent is dispensed with.
2. The present writ petition has been filed with the following prayers:-
"i) Issue a writ in the nature of CERTIORARI to qhashed the order dated 22/9/2025 passed by opposite party no.-2 and order dated 20/01/2003 passed by opposite party no.3 as contained as Annexure no.-1 and 2 to this petition.
ii) Issue an order or direction the nature of Mandamus commanding the opposite party No.-4 not to interfere in the peaceful possession of the petitioners over the land in question i.e. land Gata no.565 Ka measuring 9.86 hect. Over the 1/3rd, 1/3d share in the said land in question situated at Village Basantapur kalan, Pargana-Nighasan, Tehsil Palia, District Khiri...."
3. It has been submitted that the petitioner had purchased 1/3rd share in gata No.565 Ka measuring its area 9.86 hectare situated at Village
4. Versus Counsel for Petitioner(s) : Vishwesh Pratap Singh Counsel for Respondent(s) : C.S.C. Smt. Rajeshwari Devi And Another .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Revenue, Lko. And Others .....Respondent(s)
Basantapur kalan, Pargana-Nighasan, Tehsil Palia, District Khiri by means of registered sale deed on 8.2.2000 executed by the recorded tenure holder and it is on the strength of the aforesaid sale deed dated 8.2.2000 that the petitioner had filed an application for mutation before the Tehsildar, Tehsil- Palia, District Khiri and an
order for mutation was passed in favour of the petitioner on
1.7.2002. The objections had also been filed by opposite party No.4 which were rejected while allowing the application of the petitioner. Opposite party No.4 thereafter filed appeal before Pargana Adhikari Khiri, Palia which was allowed on 20.1.2003 and while allowing the said appeal it was noticed that the dispute pertaining to the said land is already pending before this Court in writ petition No.696 of 2001 (Cons.) where an interim order is operating and accordingly in view of the interim orders passed by this Court no direction as sought by the petitioners/appellants could have been passed and, therefore the appeal was dismissed by means of order dated
20.1.2003. The petitioner thereafter preferred a revision before Additional Commissioner which has also been dismissed by means of order dated 22.9.2025 and accordingly the present writ petition has been preferred by the petitioner challenging the orders dated 20.1.2003 and 22.9.2025.
5.
Learned counsel for the petitioner has submitted that the petitioner is a party to the writ petition No.696 of 2001 (Cons.) where interim
order dated 5.11.2001 has been passed directing the parties to maintain status quo over the disputed land and till such time the said embargo is placed by this Court in the said writ petition, no orders for mutation can be passed.
6. I have considered the rival contentions and perused the record.
7. It is noticed that though there is no dispute that the petitioner has purchased 1/3rd share of the land situated at gata No.565 Ka, area 9.86 hectare situated at Village Basantapur Kalan, Pargana Nighasan, Tehsil Palia District Khiri by means of registered sale deed 8.2.2000 but with regard to the same land a dispute is pending
8.
WRIC No. 10996 of 2025 2
before this Court in writ petition No.696 of 2001 (Cons.) It is in the said writ petition that an order of status quo is operating. The said
order is binding on the revenue authorities and during currency of the said order any order contrary to the same cannot be passed. It is in this regard that the appeal as well as revision preferred by the petitioner has been rejected.
This Court does not find any infirmity in the appellate as well as revisional order impugned in this petition. Considering the fact that the petitioner is already a party in the said writ petition and has already filed his counter affidavit, it is open for the petitioner to pursue his remedies in the pending writ petition and certainly no orders can be passed in favour of the petitioner during existence of the status quo order passed by a coordinate Bench of this Court.
9. Subject to aforesaid observations, no interference can be made in exercise of the powers under Article 226/227 of the Constitution of India. The petition is devoid of merits and is accordingly dismissed.
10. November 18, 2025 RKM.
WRIC No. 10996 of 2025 3 (Alok Mathur,J.) Digitally signed by :- RAKESH KUMAR MAURYA High Court of Judicature at Allahabad, Lucknow Bench