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Neutral Citation No. - 2025:AHC:30083 Court No. - 34 Case :- WRIT - C No. - 6279 of 2025 Petitioner :- Lekharaj Singh Respondent :- State Of U.P. And 13 Others Counsel for Petitioner :- Parvesh Kumar Pandey,Sarvesh Kumar Pandey Counsel for Respondent :- Avinash Chandra Srivastava,C.S.C. Hon'ble Manish Kumar Nigam,J.
1. Heard learned counsel for the parties and perused the records. 2. This writ petition has been filed for the following reliefs:-
" i) Issue a writ, order, or direction in the nature of Certiorari, call for the records and quashing the judgment and order dated 16.07.2024, passed by the Additional Commissioner (Administration), Agra Division, Agra, in Computerized Case No. C202301000000862 (Case No. 862/2023), titled Lekhraj Singh vs. Nihal Singh, under Section 24(4) of the Uttar Pradesh Revenue Code, 2006. (Annexure No.6 to the writ petition) ii) Issue a writ, order, or direction in the nature of Certiorari, calling for the records and quashing the order dated 12.04.2023, passed by the Sub- Divisional Magistrate, Sadar, District Mathura, in Case No. 1499/2023 (Computerized Case No. T202301500101499), titled Nihal Singh vs. Gappo & Others, under Section 24 of the Uttar Pradesh Revenue Code, 2006, along with the Revenue Inspector's report dated 07.01.2023, in pursuance of Gata No. 229M (0.0150 hectare), Gata No. 232M (0.0200 hectare), and Gata No. 233M (0.770 hectares), situated in village Mauza Mahuan, Tehsil Sadar, District Mathura. (Annexure No.3 and 4 to the writ petition) iii) Issue a writ, order, or direction in the nature of Mandamus, declaring the demarcation proceedings null and void, as they were conducted without lawful partition and in violation of established legal principles governing minjumla gata land. iv) Issue a writ, order, or direction in the nature of Mandamus, directing the respondent authorities (Ist set) to refrain from interfering in the petitioner's land and ensuring that no further illegal actions are taken without following due process of law."
3. Order impugned in the writ petition is the order passed by the appellate court under Section 24(4) of the U.P. Revenue Code,
2006. 4. A preliminary objection has been raised by learned counsel for the Gaon Sabha as well as learned Standing Counsel that against the order impugned, the petitioner has effective alternative remedy
of filing a revision under Section 210 of U.P. Revenue Code,
2006. 5. In view of above, I am not inclined to interfere in the matter. 6.
Accordingly, the writ petition is disposed of with liberty to the petitioner to avail the remedy as available to him under law. Order Date :- 4.3.2025 Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad