HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - B No. - 1007098 of 2014 Court No. - 5 HON'BLE ALOK MATHUR, J. 1. Heard Smt. Shubhangi Singh, learned counsel for the petitioners as well as learned Standing Counsel for the respondents. 2. It has been submitted by learned counsel for the petitioners that present dispute pertains to Gata No. 878, area 7.686 hectares, situated in Village - Pipersand, Pargana - Bijnore, Tehsil and District - Lucknow, which was recorded in he name of Smt. Sarla Rani W/o Trilokinath and Pramod Kumar S/o Trilokinath, subsequently, the said land was sold in favour of petitioner nos. 1 to 3 and also Smt. Kusum Jindal by means of registered sale deed dated 29.03.1988. Thereafter, an application for mutation was filed which was allowed on 04.12.1991 by the Consolidation Officer, Malihabad, directing substitution of name of petitioners alongwith Smt. Kusum Jindal. 3. It is next submitted by learned counsel for the petitioners that there was dispute with regard to area of Gata No. 878. It has been stated that actual area of the said Gata was 30.07.13 Bighas, but according to the Consolidation authorities the area was 16.10.15 Bighas. It is stated that in this regard an application was given by the State for making necessary correction in the revenue records pertaining to aforesaid Gata. It seems that the application of the petitioners for demarcation under Section 41 of the Land Revenue Act was moved at the time when proceedings under Versus Counsel for Petitioner(s) : Indra Mani Pandey, Abhishek Kumar Singh, Ashutosh Srivastava, Mohammad Aslam Khan, Shubhangi Singh Counsel for Respondent(s) : C.S.C., Aditya Narayen, Yogendra Nath Yadav Nirmal Kumar Jindal And Others .....Petitioner(s) Board Of Revenue U.P. Lucknow And Others .....Respondent(s) Section 33 were pending. Accordingly, the Additional Sub Divisional Magistrate, Sadar, Lucknow rejected the application of the petitioners by order dated 30.07.2014, holding that application under Section 33/39 of the Land Revenue Act is pending consideration and there is dispute with regard to actual area of Gata No. 878 and therefore, at this stage no demarcation proceedings can be undertaken and accordingly, rejected the application of the petitioners. 4. The petitioners thereafter, filed revision before the Board of Revenue. The Board of Revenue also considered the said facts and was of the opinion that in case proceedings under Section 33/39 of the Land Revenue Act were pending, then it would not be possible to proceed for demarcation of the disputed land and also affirmed the order passed by the Additional Sub Divisional Magistrate and rejected the revision of the petitioners. 5. It has been submitted by learned counsel for the petitioners that infact on 03.07.2014, the application under Section 33 preferred by the State was allowed by the Additional Sub Divisional Magistrate, Sadar, Lucknow which order has not been challenged by the petitioners and even if version of State is accepted, then also there is no impediment in consideration of application of the petitioners under Section 41 of the Land Revenue Act/Section 24 of the U.P. Revenue Code, 2006 with regard to demarcation of the disputed land. Accordingly, it is prayed that in the light of aforesaid no further controversy remains pertaining to the undisputed land of the petitioners, but subsequent to passing of order dated 03.07.2014 and hence the State authorities should be directed to demarcate the land of petitioners. 6. Learned Standing Counsel on the other hand has opposed the writ petition but does not dispute the aforesaid facts. 7. Learned Standing Counsel has submitted that in case any proceeding of demarcation is undertaken, it shall be done only as per order dated 03.07.2014, passed by the Additional Sub Divisional Magistrate and in those proceedings the petitioners will have to demonstrate their right, interest or title over the said land and the authorities will proceed to WRIB No. 1007098 of 2014 2 decide the same only in accordance with law. 8. Considering the aforesaid, and specially the fact that grounds for rejecting the application for demarcation of the petitioners land no longer exists inasmuch as the application under Section 33/39 of the Land Revenue Act stands decided in favour of State and land of Gata No. 878 stands reduced to 13.17.00 Bigha, therefore, in the aforesaid circumstances, the impugned orders dated 15.09.2014 and order dated 03.07.2014, are set aside. 9. The writ petition is allowed. 10. The matter is remanded to the Sub Divisional Magistrate - respondent no. 2, who shall proceed to consider and decide the application taking into account the order dated 03.07.2014, passed under Section 33/39 of the Land Revenue Act and proceed to consider and decide the application of the petitioners in accordance with law. 11. Considering the fact that substantial length of time has lapsed, let aforesaid exercise be conducted expeditiously, say within two months from the date of production of certified copy of this order. 12. The petitioners undertake to cooperate in the proceedings before respondent no. 2. November 21, 2025 A. Verma WRIB No. 1007098 of 2014 3 (Alok Mathur,J.) Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench