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Neutral Citation No. - 2025:AHC:36337 Court No. - 7 Case :- WRIT - C No. - 5662 of 2025 Petitioner :- Suresh Mishra Respondent :- State Of U.P. And 11 Others Counsel for Petitioner :- Rajesh Yadav Counsel for Respondent :- Amit Kumar Asthana,Bhupendra Kumar Tripathi,C.S.C. Hon'ble Prakash Padia,J.
1. The petitioner has preferred the present writ petition inter-alias with the following prayer:-
"(i) Issue a writ, order or direction in the nature of 'Mandamus' commanding and direct to the District Magistrate Jaunpur, District-Jaunpur to decide the application dated 09.12.2024 of petitioner in the compliance of order of Sub Divisional Magistrate Sadar, District-Jaunpur dated 22.10.2024 within shortest and stipulated time period fixed by this Hon'ble court."
2. Facts in brief as contained in the writ petition are that the private respondents namely Respondent Nos. 6 to 12 initiated the proceedings under Section 24 of the U.P. Revenue Code, 2006 in the Court of Respondent No. 3 namely Sub Divisional Magistrate, Sadar, District Jaunpur, the same was registered as Case No. 1811 of 2024, Ramkrishna vs. Gram Sabha (Computer Case No. 202414360401811). In the said proceedings order was passed against the petitioner by the Respondent No. 3 on 20.04.2024. 3. Aggrieved against the aforesaid, the Recall / Restoration Application was filed by the petitioner. The said application was allowed and the order dated 20.04.2024 was recalled and the directions were given by the Respondent No. 3 for fresh demarcation of land through Tehsildar Sadar. Further directions were given to the Revenue Inspector to complete the demarcation of the land and submit his report within 7 days. 4. It is argued by the counsel for the petitioner that though considerable time has already been lapsed but till date the aforesaid part of the order is not yet been complied with by the authorities. It is further argued that in this regard representations were made by the petitioner before the District Magistrate concerned but till date no decision has been taken. 5. On the other hand, it is argued by Shri Amit Kumar Asthana, learned counsel appearing on behalf of Private-Respondents that against the order dated 22.10.2024 passed by the Respondent No. 3, a Statutory Appeal has been filed by the private-
Respondents before the Commissioner, Varanasi Division, Varanasi which is still pending. 6. Heard counsel for the parties and perused the record. 7.
Since against the order dated 22.10.2024 a statutory appeal has already been preferred by the private-respondents, the Court is of the opinion that no relief could be granted to the petitioner as prayed for in the present writ petition. 8. Writ Petition is misconceived and is liable to be dismissed, hereby dismissed. Order Date :- 12.3.2025 Swati Digitally signed by :- SWATI PATHAK High Court of Judicature at Allahabad