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2025 DAILYLAW 201652 (ALL)

DARSHAN LAL v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. REVENUE LKO. AND 11 OTHERS

WRIC/10085/2025 · 2025-10-15

Prashant Kumar, Shekhar B Saraf

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 10085 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 Mandamus commanding the respondents to maintain status quo with regard to possession and cultivation of the land bearing Gata Nos. 337/2.703 and 308/0.206, situated at Village Sariyapara, Pargana and Tehsil-Palia Kalan, District-Lakhimpur-Kheri, till final adjudication of rights. (ii) Issue a writ, order or direction in the nature of mandamus commanding the opposite parties No.2 and 3 to restrain the private respondents from harvesting or removing the standing crop on the disputed land during pendency of proceedings and allow the petitioner to harvest the crop when it ripens." 3. Upon perusal of the documents, it transpires that the petitioner has also filed a revision application against the order dated 23.06.2023 passed by the Naib Tehsildar, Palia, Kheri before the Commissioner, Lucknow Division, Lucknow i.e. respondent no.2, which is pending. 4. We are of the view that present writ petition is misconceived and the petitioner should be relegated to pursue his revision application before the Versus Counsel for Petitioner(s) : Shaquiel Ahmad Counsel for Respondent(s) : C.S.C. Darshan Lal .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Revenue Lko. And 11 Others .....Respondent(s) Commissioner, Lucknow Division, Lucknow, who is seized of the revision application. 5. Accordingly, the Commissioner, Lucknow Division, Lucknow is directed to grant opportunity of hearing to the parties and expeditiously hear out the matter, preferably within a period of two months from date. 6. With the above direction, writ petition is disposed of. October 15, 2025 Anupam S/- WRIC No. 10085 of 2025 2 (Prashant Kumar,J.) (Shekhar B. Saraf,J.) Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench