ARUN KUMAR AND 10 OTHERS v. UNION OF INDIA 9 OTHERS
WRIC/11884/2025 · 2025-05-07
Anish Kumar Gupta, Manoj Kumar Gupta
body2025
DailyLaw.ai
[ 2025 DAILYLAW 42317 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 42317 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:74474-DB Court No. - 21 Case :- WRIT - C No. - 11884 of 2025 Petitioner :- Arun Kumar And 10 Others Respondent :- Union Of India 9 Others Counsel for Petitioner :- Awadhesh Prasad,Radhey Shyam Singh Counsel for Respondent :- J. N. Maurya, Pranjal Mehrotra,A.S.G.I.,Anuj Pratap Singh,C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J.
1. The petitioners have prayed for a writ of mandamus restraining the respondents from interfering in their possession over Araji No. 218, area 0.04200 hectare village Belwat, Pargan Arail, Tehsil Karchhana, District Prayagraj and to correct the revenue records in relation to the said plot. 2. The case of the petitioners is that the aforesaid land belonged to their ancestor. It has been inherited by them. However, the respondent, Development Authority, is interfering in their possession on basis of entry of the name of the Industrial Department in the khatauni. The specific case of the petitioners is that the land was never acquired and therefore, the entry of the name of revenue department in the khatauni was on account of some mistake. 3. Shri J.N. Maurya, learned counsel for the respondent, Development Authority, submits that the petitioners have alternative remedy under Section 38 of the U.P. Revenue Code,
2006. 4. Learned counsel for the petitioners submits that the petitioners have already applied under Section 38 of the U.P. Revenue Code,
for correction of the revenue records. He has invited our attention towards a report dated 28.08.2024 submitted by Lekhpal in the said proceedings. 5. As the alleged interference is being made on basis of entry in the revenue records and in relation to which application of the petitioners under Section 38 of the U.P. Revenue Code, 2006 is already pending, therefore, we dispose of the instant petition with direction to Tehsildar of the area concerned to refer the matter to the Sub-Divisional Magistrate along with his report as provided under Section 38 of the Revenue Code so that the proceedings are concluded expeditiously, preferably within six weeks from the date of communication of the instant order. 6. In the meantime, as it is specific case of the petitioners that entry regarding the Industrial Department has been wrongly made in the khatauni, we hereby provide that until the proceedings under Section 38 of the Revenue Code are decided, the parties will maintain status quo. Order Date :- 8.5.2025 Mukesh Kr.
(Anish Kumar Gupta,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- MUKESH KUMAR High Court of Judicature at Allahabad