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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 29751 of 2025 Court No. - 4 HON'BLE AJIT KUMAR, J.
HON'BLE SWARUPAMA CHATURVEDI, J.
1. Heard Shri K.P. Singh, learned counsel appearing for the petitioner, learned Additional Chief Standing Counsel for the State-respondents. 2. By means of this writ petition filed under Article 226 of the Constitution, petitioner wants a writ of mandamus to command the authorities to act upon some report submitted by Additional District Magistrate (Finance and Revenue) Kanpur Nagar dated 30.9.2014 regarding some fraudulent activity in preparing Will by the private respondents in collusion with the respondent authorities in getting sold away certain part of property which did not vest in them. 3. It is contended that the predecessor-in-interest of the petitioner had contested the matter on the revenue side and had found their name duly recorded under the orders passed by the Appellate Authority, revision against which was dismissed, but then opposite parties later on colluded with the Authorities in getting fraudulent Will prepared and they also sold away subsequently certain properties. 4. Upon a pointed query being made to petitioner as to what he has been doing for the last more than a decade when the report was submitted on the administrative side by the revenue authorities on 30.9.2014, he fairly concedes that in the matter a civil suit proceedings has already been drawn against the respondents and also the contest is being made in the revenue side. 5. In our considered view, whenever there is a matter in the nature of civil dispute, if somebody wants to set-up claim over and above an immovable property, then the proper course is to pursue a remedy under common Versus Counsel for Petitioner(s) : Kanjaanan Pyare Singh Counsel for Respondent(s) : C.S.C. Ram Bahadur .....Petitioner(s) State Of U.P. And 8 Others .....Respondent(s)
law, which the petitioner is already pursuing. Insofar as mutation case is concerned, learned counsel for the petitioner submitted that the petitioner had invoked the jurisdiction of the authority under the U.P. Revenue Code, 2006. 6. In such above view of the matter, we do not find it to be appropriate to order for any administrative action upon the report submitted way back on
30.9.2014. Accordingly, we decline to grant indulgence in the matter. 7. This petition is devoid of merits, hence we refuse interference. Matter is consigned to records.
October 13, 2025 Shiv WRIC No. 29751 of 2025 2 (Swarupama Chaturvedi,J.) (Ajit Kumar,J.) Digitally signed by :- SHIV KUMAR SHARMA High Court of Judicature at Allahabad