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2025 DAILYLAW 188689 (ALL)

IQBAL AHMAD FAROOQUI AND 8 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. REVENUE DEPTT. LKO. AND 4 OTHERS

WRIC/10796/2025 · 2025-11-11

Prashant Kumar, Shekhar B Saraf

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 10796 of 2025 Court No. - 3 HON'BLE SHEKHAR B. SARAF, J. HON'BLE PRASHANT KUMAR, J. 1. Heard learned counsel for the parties. 2. This is a writ petition under Article 226 of the Constitution of India wherein the writ petitioner has made following main prayer(s): "(i) issue a writ, order or direction in the nature of Certiorari quashing the impugned auction notification No.1112/रा.िन.का. / मĕयपालन आवंटन नीलामी / Šकाशन / 2025 िदनांक 18. अĆटूबर 2025 issued by the Sub Divisional Magistrate, Tehsil- Alapur, Ambedkar Nagar, published in the news paper 'Jan Morcha' dated 19.10.2025, contained in Annexure No.1 to this writ petition, (so far as it relates to the Talab Gata No.555/0.9490 Hectare situated in Gram Sabha Neori, Pargana- Bidhar, Tehsil Alapur, District-Ambedkar Nagar). (ii) issue a writ, order or direction in the nature of Mandamus commanding the respondent authorities not to create any hindrance in peaceful possession of petitioners over Talab land Gata No.555/0.9490 Hectare situated in Gram Sabha Neori, Pargana-Bidhar, Tehsil- Alapur, District- Ambedkar Nagar." 3. It appears from the facts that a civil suit is pending before the Civil Judge (Junior Division), Ambedkar Nagar bearing Regular Suit No.167/1996, wherein the writ petitioners have obtained a status quo Versus Counsel for Petitioner(s) : Piyush Mishra Counsel for Respondent(s) : C.S.C., Mohan Singh Iqbal Ahmad Farooqui And 8 Others .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Revenue Deptt. Lko. And 4 Others .....Respondent(s) order. 4. Learned counsel for the petitioners submits that the status quo order continues till date and in such a situation, the authorities cannot auction the said land. 5. Upon perusal of the documents, we are of the view that the action of auctioning of the land by the authorities without having the stay vacated would amount to going against the principles established under law. The action of the authorities appears to be illegal and in violation of the order passed by the civil court. 6. Learned counsel for the respondents submits that the in the matters, where the area is covered by the U.P. Revenue Code, 2006, there is a bar under Section 206 of the said Code, however, he fairly admits that no such application has been made before the Civil Judge concerned and only written statement has been filed by the State authorities. 7. In light of the same, action of auctioning the said property is stayed till further orders are obtained from the Civil Judge in accordance with law. The State authorities shall be at liberty to move appropriate application for return of plaint or rejection of plaint on the ground of the suit being barred in accordance with law. 8. With the above observations, the writ petition is disposed of. November 11, 2025 Anupam S/- WRIC No. 10796 of 2025 2 (Prashant Kumar,J.) (Shekhar B. Saraf,J.) Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench