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2025 DAILYLAW 197679 (ALL)

TULLAN AND ANOTHER v. SUB DIVISIONAL OFFICER, TEHSIL MUSAFIRKHANA, AMETHI AND OTHERS

A227/6625/2025 · 2025-11-14

Alok Mathur

Transfer Petitionbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 6625 of 2025 Court No. - 5 HON'BLE ALOK MATHUR, J. 1. Heard learned counsel for the petitioner as well as learned Standing Counsel for the State respondent. 2. In view of the proposed order notice to the private respondent is dispensed with. 3. Instant petition has been filed by the petitioners praying for direction to the opposite party No.1- Sub Divisional Officer, Tehsil Musafir Khana, District Amethi, to take appropriate action against the opposite party Nos. 4 and 5, who have destroyed the lawfully errected boundary marks of land Gata No. 572 area 1.9470 hectare and Gata No. 573 area 0.2660 hectare, situate in Village Daulatpur Nisura, Pargana Jagdishpur, Tehsil Musafirkhana, District Amethi, and get restored the proper boundary marks providing complete physical possession of the land in question to the petitioners, in accordance with law. 4. Learned counsel for the petitioners submits that grievance of the petitioner would be sufficiently met in case respondent no. 1 considers and decides the aforesaid case in the time bound manner. 5. Learned Standing Counsel has no objection to the aforesaid prayer. 6. Considering the facts and circumstances of the case, without entering into the merits, respondent no.1 - Sub Divisional Officer, Tehsil Musafir Khana, District Amethi, is directed to take appropriate action against the opposite party Nos. 4 and 5, who have destroyed the lawfully errected boundary marks of land Gata No. 572 area 1.9470 hectare and Gata No. 573 area 0.2660 hectare, situate in Village Daulatpur Nisura, Pargana Jagdishpur, Tehsil Musafirkhana, District Amethi, and get restored the proper boundary marks providing complete physical possession of the land in question to the petitioners, expeditiously, say within a period of three months from the date of production of certified copy of this order, after affording opportunity of hearing to the parties concerned in accordance with law, if there is no legal impediment. Versus Counsel for Petitioner(s) : Sanjay Kumar Upadhyay, Ram Raj Ojha Counsel for Respondent(s) : C.S.C., Mohan Singh Tullan And Another .....Petitioner(s) Sub Divisional Officer, Tehsil Musafirkhana, Amethi And Others .....Respondent(s) 7. It is further directed that the parties to the case shall cooperate in expeditious disposal of the case and shall not seek any unnecessary adjournment, neither any such adjournment shall be granted by the Court concerned, except in exceptional circumstances. Counsel for the petitioner undertakes that he shall cooperate in expeditious disposal of the case, failing which the benefit of this order shall not be available to the petitioner. 8. With above observations/directions, the writ petition stands disposed of. November 14, 2025 A.Nigam A227 No. 6625 of 2025 2 (Alok Mathur,J.) Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench