ABDUL SAMEER @ MUNNA AND 3 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. REVENUE DEPTT. LKO. AND 2 OTHERS
WRIC/10385/2025 · 2025-11-10
Alok Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 186005 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 186005 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 10385 of 2025 Court No. - 5 HON'BLE ALOK MATHUR, J. Heard learned counsel for the petitioners as well as learned Standing counsel.
1. The petitioners have approached this Court praying for following reliefs:-
"i. Issue an order or direction in the nature of mandamus commanding to the opposite party no.s 2 and 3 to dispose of the representation moved before them in compliance of Hon'ble Court
order dated 11.11.2022 and to declare the petitioners as Bhumidhar with transferable rights in respect of the land in dispute.
(ii) Issue an order or direction in he nature of mandamus commanding to the opposite parties no.s 2 & 3 to ignore the baseless, illegal or arbitrary report filed by lekhpal and kanoongo, which is not having legal approach and without pursing the
judgment passed by consolidation officer and settlement officer of consolidation under U.P.Z.A. & L.R."
2. A perusal of the order dated 11.11.2022 passed in writ C No.7895 of 2022 indicates that liberty was granted to the petitioner to move application for correction of records under Section 38 of U.P. Revenue Code, 2006 which was directed to be decided in
3. Versus Counsel for Petitioner(s) : Shiv Pal Singh, Triloki Nath Singh Counsel for Respondent(s) : C.S.C. Abdul Sameer @ Munna And 3 Others .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Revenue Deptt. Lko. And 2 Others .....Respondent(s)
accordance with law. In the present case, the petitioner seeks a direction to the State-respondents to declare him as a bhumidhar with transferable rights.
Learned Standing counsel has submitted that such a declaration cannot be given on a mere application. It can be granted on filing of a regular suit under Section 144 of U.P.Revenue Code and we find that no such direction as prayed for by the petitioner has been granted by this Court in its previous order dated 11.11.2022 and accordingly no such direction can be given in the present petition.
4. Accordingly, for the aforesaid reasons and especially looking to the fact that the direction, as sought by the petitioner, can only be granted in regular suit proceedings under Section 144 of the Code of 2006, no interference is called for. The petition being devoid of merits is dismissed.
5. November 10, 2025 RKM.
WRIC No. 10385 of 2025 2 (Alok Mathur,J.) Digitally signed by :- RAKESH KUMAR MAURYA High Court of Judicature at Allahabad, Lucknow Bench