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2025 DAILYLAW 185198 (ALL)

BALRAM SINGH YADAV AND ANOTHER v. STATE OF U.P. THRU. DISTRICT MAGISTRATE, SHRAWASTI AND OTHERS

WRIC/10228/2025 · 2025-11-03

Alok Mathur

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 10228 of 2025 Court No. - 5 HON'BLE ALOK MATHUR, J. 1. Heard learned consul for the petitioners as well as learned Standing Counsel for the State- respondents no. 1 to 4. 2. The present petition has been moved by the petitioners with the following prayers:- "(a) Issue a writ, order or direction in the nature of mandamus commanding respondents no. 1 to 3 to forthwith implement the final order passed in the petitioners' Section 24 proceeding by conducting on site measurement/ demarcation and by delivering actual physical possession of Gata No. 4287 (Rakba 0.073 hectare) Mauja Ikauna Dehat, Teh. Ikauna, District Shrawasti within a time-frame to be fixed by this Hon'ble Court. (b) Issue a writ, order or direction in the nature of mandamus commanding respondents no. 1 to 3 to carry out demarcation in accordance with the Uttar Pradesh Revenue Code Rules, 2016 (including Rule 22) and to provide the certified demarcation ma/ report, along with certified copies of the relevant Khasra and the spot panchnama of delivery of possession to the petitioners. (c) Issue a writ, order or direction in the nature of mandamus direct the respondent no. 4 to provide necessary police assistance to the revenue authorities to ensure peaceful and effective demarcation and delivery of possession, and to prevent obstruction." 3. Learned counsel for the petitioners submits that in proceedings under Versus Counsel for Petitioner(s) : Ruby Maurya, Ram Prasad Dwivedi Counsel for Respondent(s) : C.S.C. Balram Singh Yadav And Another .....Petitioner(s) State Of U.P. Thru. District Magistrate, Shrawasti And Others .....Respondent(s) Section 24 of the U.P. Revenue Code, 2006, necessary orders have been passed by the Competent Authority on 7.10.2023 but the same has not been complied with. 4. Learned Standing Counsel on the basis of written instructions dated 20.9.2024 submits that the order passed under Section 24 of the U.P. Revenue Code dated 7.10.2023 has been complied and even the signatures of the petitioners are available on record. 5. Be that as it may in case the petitioners have any grievance with regard to the compliance of the order passed by the Competent Authority they have full opportunity to move an appropriate application under clause 460 of the Revenue Court Manual, which specifically deals with the issue of compliance of the order passed by the revenue authorities. 5. Accordingly, for the said reason, the writ petition is not maintainable subject to the aforesaid. 6. I do not find any ground to entertain the writ petition and accordingly the writ petition is dismissed. November 3, 2025 Muk WRIC No. 10228 of 2025 2 (Alok Mathur,J.) Digitally signed by :- MOHD UMAR KHAN High Court of Judicature at Allahabad, Lucknow Bench