Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 202765 (ALL)

RAMA KANT MISHRA v. STATE OF U.P. THRU. ADDL. CHIEF SECY. REVENUE DEPTT. LUCKNOW AND 7 OTHERS

WPIL/992/2023 · 2025-10-28

Rajan Roy, Rajeev Bharti

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW PUBLIC INTEREST LITIGATION (PIL) No. - 992 of 2023 Court No. - 1 HON'BLE RAJAN ROY, J. HON'BLE RAJEEV BHARTI, J. 1. This PIL is being adjourned repeatedly on the request of the petitioner's counsel. Today again illness slip has been sent. The request for adjournment is rejected. 2. The reliefs prayed in this PIL are as under :- "(i) A writ, order or direction in the nature of Mandamus thereby commanding and directing the Consolidation Commissioner, U.P., Lucknow (opp. party no.2) and the District Magistrate, Raebareli (opp. party no.3) to ensure that the opp. party no.8 shall not sell the land of Khata No.510, Gata No.400, area 0.270 hectare, situated at Village Churuwa, Pargana Bachharawan, Tehsil Maharajganj, District - Raebareli and may further be pleased to direct the District Magistrate, Raebareli (opp. party no.3) to make an enquiry into the matter for providing illegal benefit by the opp. party no.4 to the opp. party no.8 by passing the illegal order dated 20/8/2013 as contained in Annexure No.6 to this Writ Petition. (ii) Any other order or direction which this Hon'ble Court may deem appropriate and proper in the circumstances and allow this Writ Petition with substantial cost, throughout." 3. The opposite party no.8 is a private party. We fail to Versus Counsel for Petitioner(s) : Suvivek Bajpai Counsel for Respondent(s) : C.S.C., Akash Chandra Jauhari, Arvind Kumar Jauhari, Dilip Kumar Pandey Rama Kant Mishra .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Revenue Deptt. Lucknow And 7 Others .....Respondent(s) understand as to how a mandamus of the nature as prayed for can be issued. If according to the petitioner the land belongs to the State then the State Authorities are competent to initiate appropriate proceedings in this regard. However, counsel for opposite party no.8 says that in fact his name has been recorded only after drawing appropriate proceedings under U.P. Consolidation of Holdings Act, 1953 and orders being passed in favour of opposite party no.8 right up to the level of Settlement Officer, Consolidation which were never challenged by the State Authorities or anybody else. 4. We do not express any opinion on the merits of the matter except that the State and its authorities are competent to look into their rights and interests and protect the same. We see no reason to interfere in this PIL. 5. The petition is accordingly disposed of with liberty to the State Authorities to avail the remedy as may be available as per law. 6. Ms. Isha Mittal, learned Additional Chief Standing Counsel shall communicate our order to the Collector/District Magistrate, Raebareli. 7. Our order shall not be understood as conferring any rights, interests in respect of the land in question upon the opposite party no.8 as we have simply declined to proceed with the PIL for the reasons aforesaid. October 28, 2025 Anand/- WPIL No. 992 of 2023 2 (Rajeev Bharti,J.) (Rajan Roy,J.) Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench