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Neutral Citation No. - 2025:AHC:64078 Court No. - 35 Case :- WRIT - C No. - 12625 of 2025 Petitioner :- Pratima Rai Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Prabhakar Dubey Counsel for Respondent :- C.S.C. Hon'ble Manish Kumar Nigam,J.
1. Heard learned counsel for the parties and perused the record.
2. The writ petition has been filed for the following relief:
"i. issue a writ, order or direction in the nature of Mandamus directing the respondent no- 2 and 3 to consider the application of the petitioner and to take appropriate action in the matter restraining the Tehsil authority from creating any interference in the peaceful possession of the petitioner over the land in question Gata No- 49 area- 0.1540 and the house constructed over it situated in village-Duniyapur, Pargana- Athganwa, Tehsil Pindara, District- Varanasi accept in accordance with law and without making proper demarcation of the land in question."
3. Learned Standing Counsel has raised preliminary objection that the petitioner has moved a miscellaneous application but the proper course for the petitioner is to move an application under Section 24 of the U.P. Revenue Code, 2006 to get his land demarcated.
4. U.P. Revenue Code, 2006 is a self contain Code wherein the petitioner may ventilate his grievance. In view of the same, I am not inclined to interfere in the matter.
5. In case, the petitioner moves an application under Section 24 of the U.P. Revenue Code, 2006 within two weeks from today, the same may be considered and decided by the concerned Sub Divisional Magistrate, expeditiously, preferably within a period of three months thereafter, in accordance with law, after providing opportunity of hearing to all concerned parties provided there is no other legal impediment.
6. With the aforesaid observation, this petition stands disposed of. Order Date :- 25.4.2025 Nitika Sri. (Manish Kumar Nigam, J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad