HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 11121 of 2025 Court No. - 5 HON'BLE ALOK MATHUR, J. Heard Sri Onkar Nath Tiwari, learned counsel for the petitioner as well as learned Standing counsel on behalf of respondent Nos.1, 2 and 8 while notice on behalf of Gram Panchayat - respondent No.9 has been accepted by Sri Mohan Singh. 1. In view of the proposed order, notice to private respondents is dispensed with. 2. It has been submitted on behalf of the petitioner that the present dispute pertains to succession of property of plot No.2016 area 10 biswa and plot No.2046/2 area 15 biswa which were initially recorded in the name of Smt. Sarwari Biwi wife of Abbas Ali, resident of Village Gora Barik, Tehsil Sadar, District Sultanpur. It has been submitted that the said dispute had attained finality by passing order dated 14.8.2024 by Sub Divisional Magistrate, Sadar, District Sultanpur where the application of the private respondents was rejected. It has been submitted that the said order attained finality and no revision or appeal was filed against the said order. 3. It is further been submitted that the private respondents had yet again filed a fresh application before Sub Divisional Magistrate, Sadar, Sultanpur again praying for the same relief for correcting the records and for entering their names in the revenue records with regard to gata No.2046. It has been submitted that the said dispute has already attained finality and the principles of res judicate would apply and accordingly submits that no fresh determination can take place considering the previous orders. It is further been stated that the petitioner has already submitted his objections before the Sub Divisional Magistrate, Sadar, Sultanpur on 16.7.2025 but the proceedings are still pending and have not been concluded. It is in aforesaid circumstances that prayer for certiorari has been made for quashing the said proceedings. 4. Versus Counsel for Petitioner(s) : Onkar Nath Tiwari Counsel for Respondent(s) : C.S.C., Mohan Singh Nazaf Ali .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy., Revenue Deptt., Lko. And Others .....Respondent(s) Learned counsel for the respondents, on the other hand, have opposed the writ petition and submitted that writ of certiorari has been sought by the petitioner for quashing of judicial or quasi judicial proceedings and the appropriate remedy would have been to file writ of prohibition. Apart from the above, he submits that once the petitioner has already appeared himself to the jurisdiction of Sub Divisional Magistrate and filed his objections where he has raised the issue pertaining to maintainability of the proceedings then for the same relief parallel proceedings under Articles 226/227 cannot be maintained and accordingly prayed for dismissal of the writ petition. 5. Considering the rival contentions, it is noticed that it is on the application of the private respondents before Sub Divisional Magistrate, Sadar, Sultanpur the petitioner has put in appearance and also filed his objections. Accordingly, for the same relief the petitioner cannot be permitted to file petition considering that his objection are still under consideration before the competent authority. Accordingly, we decline to exercise the extraordinary jurisdiction under Articles 227/226 of the Constitution of India. The petition is accordingly dismissed. 6. Nonetheless, the court concerned is directed to consider and decide the application preferred by private respondents with expedition in accordance with law. 7. November 27, 2025 RKM. WRIC No. 11121 of 2025 2 (Alok Mathur,J.) Digitally signed by :- RAKESH KUMAR MAURYA High Court of Judicature at Allahabad, Lucknow Bench