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Neutral Citation No. - 2025:AHC:84446 Court No. - 34 Case :- WRIT - C No. - 15200 of 2025 Petitioner :- Sanjafi Devi Respondent :- State Of U.P. And 17 Others Counsel for Petitioner :- Dhananjay Kumar Mishra Counsel for Respondent :- Bhupendra Kumar Tripathi,C.S.C. Hon'ble Syed Qamar Hasan Rizvi,J. Shri Dhananjay Kumar Mishra, learned counsel for the petitioner and Shri Awadhesh Kumar Patel, learned Standing Counsel for the State-respondents are present. By means of the present writ petition, the petitioner has assailed the order dated 25.2.2025 passed by the Additional Commissioner Judicial (Ist) Varanasi, Mandal Varanasi-respondent No. 2 in case No. 34 of 2009-10, Computerized Case No. C2010140000903 (Sanjifi Devi vs. Shivbhari @ Bhulli) passed under Section 210 of the U.P. Land Revenue Act 1901 and order dated 10.9.2010 passed by the Sub Divisional Officer/Magistrate, Shahganj, district Jaunpur-respondent No. 3 passed in Case No. 175 (Sanjafi vs. Gaon Panchayat and others) under Section 41 of the U.P. Land Revenue Act. The petitioner has also prayed for a direction to the respondent No. 3 to consider and decide the case filed under Section 41 of the U.P. Land Revenue Act 1901 after considering the report submitted by the Revenue Inspector on 10.8.2009.
Learned counsel appearing on behalf of petitioner submits that in the instant case the demarcation was made in utter disregard to the settled Rules even without fixing the points in the manner as provided under law, thus the entire proceedings is vitiated. He further submits that the proceedings have been carried out on the basis of an erroneous report submitted by the Lekhpal dated
10.8.2009. At the very outset, learned Standing Counsel appearing on behalf of State-respondents raised preliminary objection regarding the entertainability of the present writ petition under Article 226 of the Constitution of India on the ground of availability of statutory remedy to the petitioner under Section 219 of the Land Revenue Act 1901. He submits that the impugned order passed by the
appellate court under Section 210 of the U.P. Revenue 1901 is revisable under Section 219 of the Land Revenue Act, 1901. The aforesaid legal objection has not been disputed by the learned counsel for the petitioner. In view of the nature of the order proposed to be passed, the service of notice upon the respondent No. 4 to 17 is dispensed with. Taking into consideration the aforesaid situation, without adverting on the merits of the case, the present writ petition is disposed with the liberty to the petitioner to prefer revision under Section 219 of the Land revenue Act 1901 before the court concerned within a period of one month from today. It is provided that in case such revision is filed by the petitioner under Section 219 of the Land revenue Act 1901 before the Court concerned within the period as has been fixed by this Court herein above, the learned Revisional Court shall entertain the said revision on merits and shall decide the same after taking into consideration all the grounds of revision, strictly in accordance with law, expeditiously and preferably within a period of six months as stipulated under clause 458 (2) of the Revenue Court Manual. With the aforesaid liberty and direction, the present writ petition is
disposed of.
Order Date :- 20.5.2025 Sumaira Digitally signed by :- SUMAIRA AQUIL High Court of Judicature at Allahabad