RADHEY SHAYAM THRU. NXT FRIEND RAKESH KUMAR v. SUB DIVISIONAL OFFICER, TULSIPUR, BALRAMPUR AND OTHERS
WRIC/11693/2025 · 2025-12-04
Arun Kumar Singh Deshwal
Original Suitbody2025
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[ 2025 DAILYLAW 178508 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 178508 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 11693 of 2025 Court No. - 22 HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Faiz Ahmad Khan, learned counsel for the petitioner, Sri Pankaj Gupta, learned counsel for the Gaon Sabha and Sri Neel Padm Singh, learned Standing Counsel for the state.
2. The instant petition has been filed seeking writ of certiorari to quash the impugned order dated 13.9.2025 passed by respondent no.1 in Original Suit No. 8722 of 2025, under Section 144 of U.P. Revenue Record as well as the entire proceeding of the aforesaid case.
3. Contention of learned counsel for the petitioner is that the impugned order is absolutely erroneous being beyond jurisdiction as by the said interim order the S.D.M., Tulsipur, Balrampur has restrained the bhumidhar of the land in question from using as well as transferring the land in question apart from registering other persons.
4. Per contra, learned Standing Counsel has raised preliminary objection that khatauni of the land in question shows that the District Magistrate is the custodian of the property of Radheyshyam and the revision has already been filed by Radhey Shyam against the order dated 13.9.2025. Therefore, the present petition filed by Rakesh Kumar who himself claims to be the next friend of Radhey Shyam is not maintainable as he was not declared next friend or guardian of Radhey Shyam.
5. At this stage, learned counsel for the petitioner submits that a revision, Versus Counsel for Petitioner(s) : Faiz Ahmad Khan Counsel for Respondent(s) : C.S.C., Pankaj Gupta Radhey Shayam Thru. Nxt Friend Rakesh Kumar .....Petitioner(s) Sub Divisional Officer, Tulsipur, Balrampur And Others .....Respondent(s)
filed against the impugned order dated 13.9.2025, by Radhey Shyam.
6. Considering the aforesaid submissions of learned counsel for the parties, this Court is of the view that the present petition is not maintainable as bhumidhar of the land in question Radhey Shyam has already filed revision before the concerned authority.
7. Accordingly, the petition is dismissed.
8. However, it is provided that the revision filed by Radhey Shyam against the impugned order shall be decided expeditiously. December 4, 2025 Vandana WRIC No. 11693 of 2025 2 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad, Lucknow Bench