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Neutral Citation No. - 2025:AHC:43422 Court No. - 44 Case :- WRIT - C No. - 7563 of 2025 Petitioner :- Rajendra Prasad Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Ram Kishore Pandey Counsel for Respondent :- Azad Rai,C.S.C. Hon'ble Kshitij Shailendra,J.
1. Heard Sri R.K. Pandey, learned counsel for the petitioner, learned Standing Counsel for the State-respondents and Sri Azad Rai, learned counsel for respondent no.6.
2. Grievance of the writ petitioner is that long standing entries in his name were expunged by the Sub Divisional Officer in purported to exercise of powers under Section 32/38 of U.P. Revenue Code, 2006 by an order dated 28.12.2024 directing entry of pond to be made therein.
3. Challenging the order dated 28.12.2024, statutory appeal was filed which is pending before the Additional Commissioner concerned. In the meantime, certain applications have been moved on administrative side by the private respondent no.7 requesting demarcation of the land and conducting spot inspection.
4. In the margin of the said application, directions have been issued by the Sub Divisional Officer to the Revenue Inspector/Lekhpal to carry out demarcation of the pond. It is these orders on administrative side made in the margin of the applications which have been challenged by means of this writ petition and a further prayer has been made to issue a direction for expeditious disposal of the appeal.
5. This Court is of the view that even if certain entries are expunged in statutory proceedings they are subject to decision in the appeal/revision as the case may be. Admittedly, against the
order dated 28.12.2024, statutory appeal is pending. The matter is quite new and it does not appeal to reason as to how the administrative authorities, simply by making certain endorsements in the applications submitted in Tehsil Diwas could proceed to dispossess the petitioner even if the petitioner is found to be encroacher over the pond land. Such findings can be recorded in
the statutory proceedings, one of which is pending in appeal and other may be in the nature of proceedings under Section 67 of the Code or otherwise. In any case, dispossession on administrative side is not recognized by the Revenue Law.
6. Considering the facts and circumstances, writ petition is
disposed of directing the Additional Commissioner (Administration), Prayagraj to decide the Appeal No.C202502000000243 (Rejendra Prasad v. Gaon Sabha), under Section 38(4) of U.P. Revenue Code, 2006, within a period of 4 months from the date of production of certified/true attested copy of the instant order before him
7. Till the disposal of the appeal, administrative directions contained in the orders passed in the margin, dated 01.02.2025 and 01.03.2025, annexed as Annexures No.12, 13 and 14 of the writ petition shall not be given effect to.
8. It is made clear that this Court has not prohibited institution of appropriate statutory proceedings in accordance with law and is simply exercising its jurisdiction to undo/keep in abeyance administrative endorsements.
Order Date :- 24.3.2025 S.A. Digitally signed by :- SALMAN AHMAD High Court of Judicature at Allahabad