ROOP NARAYAN RAJBHAR v. STATE OF U.P. AND 20 OTHERS
WRIC/5135/2025 · 2025-02-27
Manish Kumar Nigam
body2025
DailyLaw.ai
[ 2025 DAILYLAW 21290 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 21290 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:28255 Court No. - 34 Case :- WRIT - C No. - 5135 of 2025 Petitioner :- Roop Narayan Rajbhar Respondent :- State Of U.P. And 20 Others Counsel for Petitioner :- Sanjay Kumar Rai Counsel for Respondent :- Bhupendra Kumar Tripathi,C.S.C. Hon'ble Manish Kumar Nigam,J.
1. Heard learned Counsel for the parties and perused the record.
2. The present petition has been filed for the following relief :
"(a) Issue a writ, order or direction in the nature of Certiorari quashing the Order dated 29.06.2019 passed by Sub Divisional Magistrate Zakhania District Ghazipur in Case No. 00993 of 2019 Computerized Case No. T201914290500993 Roop Narayan Versus Gaon Sabha and others Under Section 38(1) of U.P. Revenue Code, 2006 related to Village Bauri Beersinghpur Pargana Shadiyabad Tehsil Zakhania, District Ghazipur and as well as the Order dated 26.10.2024 passed by the Additional Commissioner (Judicial II) Varanasi Division, Varanasi in Appeal No. 00971 of 2019 Computerized Case No. C201914000000971 Roop Narayan Versus Maya Shankar and others (Contained as Annexure No. 3 & 6) to this writ petition. (b) Issue a writ, order or direction in the nature of Mandamus directing the respondents to mutate the Gata No. 197Ka, 197Kha, 198Ka, 198Kha, 199Ka, 199Kha, 204Ka, 204Kha situated in Village Bauri Beersinghpur Pargana Shadiyabad Tehsil Zakhania District Ghazipur as Banjar, Pond land, Bheeta etc. and aforesaid land be restore on its original shape and the respondent No. 6 to 21 be restrained that they may not change the nature of the land and also not alienate the property in question."
3. The orders impugned in the writ petition are orders passed under Section 38 of the U.P. Revenue Code, 2006. The appellate order passed is revisible under Section 210 of the U.P. Revenue Code, 2006.
4. In view of the same, I am not inclined to interfere in the matter.
5. The present petition is disposed of with liberty to petitioner to avail the remedy as available to him under the law.
6. Certified copy of the impugned order be returned to the petitioner after retaining a photo-state copy of the same on the record. Order Date :- 28.2.2025 S. Singh (Manish Kumar Nigam, J.) Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad