Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 203117 (ALL)

RAIS v. STATE OF U.P.THROUGH PRINCIPAL SECY. REVENUE CIVIL SECTT.

WRIC/1004791/2008 · 2025-12-10

Jaspreet Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 1004791 of 2008 Court No. - 6 HON'BLE JASPREET SINGH, J. 1. Heard learned counsel for the petitioner and learned Standing Counsel appearing for the State-respondents. 2. By means of the instant petition, the petitioner assails the order passed by the revisional authority dated 12.08.2008 whereby the revision of the petitioner was dismissed affirming the order dated 23.06.2008 passed in the proceedings arising out of Sections 33/39 of U.P. Land Revenue Act, 1901. 3. Submission of learned counsel for the petitioner is that the disputed plots in question bearing nos.271M and 469M are the personal properties of the petitioner. Inadvertently the same has been recorded as public utility land in the revenue records. This was challenged by the petitioner and the said challenge did not find favour with the Pargana Adhikari Mohammadi, District Kheri against which the petitioner preferred the revision which also came to be dismissed on 12.08.2008. 4. At the outset, a specific query was put to learned counsel for the petitioner to indicate the source of title of the petitioner and how the said land was acquired. Learned counsel for the petitioner after arguing at some length submits that the aforesaid documents are not on record. 5. Be that as it may, since proceedings under Section 33/39 of U.P. Land Revenue Act, 1901 is summary in nature and in case the petitioner is Versus Counsel for Petitioner(s) : Gyan Singh Chauhan, K.S. Rastogi Counsel for Respondent(s) : C.S.C., Dilip Kumar Pandey, R.N.Gupta Rais .....Petitioner(s) State Of U.P.Through Principal Secy. Revenue Civil Sectt. .....Respondent(s) aggrieved, needless to say the petitioner has the remedy as available in law for adjudicating his rights in respect of the property in question. 6. In view of the aforesaid, this Court does not find any error in the two orders impugned, which are affirmed, leaving it open to the petitioner to take recourse as may be available in law, and any order passed therein would naturally govern the rights of the parties. 7. With the aforesaid observations, the petition stands dismissed. December 10, 2025 Renu/- WRIC No. 1004791 of 2008 2 (Jaspreet Singh,J.) Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench