DEVI SHANKAR AWASTHI AND 2 OTHERS v. STATE OF U.P. AND 6 OTHERS
WRIC/17819/2025 · 2025-07-02
Rohit Ranjan Agarwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 60071 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 60071 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:103542 Court No. - 34 Case :- WRIT - C No. - 17819 of 2025 Petitioner :- Devi Shankar Awasthi And 2 Others Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Lal Chandra Mishra Counsel for Respondent :- Azad Rai,C.S.C. Hon'ble Rohit Ranjan Agarwal,J. This writ petition has been filed with the following prayer:-
"1) Issue a writ, order or direction in the nature of mandamus direct the respondents not to dispossess the Petitioners over the agriculture Land of Gata No. 1912 Area 0.046 Hectare, Gata No. 1913 Area 0.023 Hectare, Gata No. 1915 Area 0.068 Hectare, Gata No. 1916 Area 1.084 Hectare, Gata No. 1917 Area 0.034 Hectare, Gata No. 1918 Area 0.097 Hectare, Gata No. 1919 Area 0.034. Hectare, Gata No. 1920 Area 0.057 Hectare, Gata No. 1921 Area 0.068 Hectare, Gata No. 1922 Area 0.080 Hectare, Gata No. 1923 Area 0.114 Hectare, Gata No. 1924 Area 0.490 Hectare. And Gata No. number 1925 area 0627 hectare. And Gata No. number 1926 area 0.057 hectare. And Gata No. number 1927 area 0034 hectare. And Gata No. number 1928 area 0.034 hectare. And Gata No. number 1929 area commercial-0.046 hectare. And Gata No. number 1946 area 0.582 hectare. Situated in Mouza Sanwadih, Pargana Sikandara, Tehsil Phulpur, District Allahabad on the basis of order dated 18.12.2023 passed the Sub Divisional Magistrate Handiya Prayagraj." Earlier, private respondent no.7 had approached this Court through Writ-C No.34689 of 2024, wherein following order was passed by the Co-ordinate Bench on 26.03.2025, which is as under:-
"1. Heard learned Standing Counsel for the State-respondents and perused the record.
2. The instant writ petition has been filed for the following relief:
"Issue a writ, order or direction in the nature of Mandamus commanding the Sub Divisional Magistrate, Handia, Prayagraj/Respondent No. 2 to demarcation by fixing the stone of Arazi No. 310/0.4570 Hr, situated at Village Bhogwara, Pargana Mah, Tahsil Handia, Prayagraj in pursuance of
order dated 18.12.2023 passed by Sub Divisional Magistrate, Handia, Prayagraj in Computerized Case No 202202030408856 (Sarju Devi Vs. Gram Sabha), Under Section 24 of the U.P. Revenue Code, 2006."
3. From perusal of the writ petition and annexures annexed thereto, it appears that an order under Section 24 of the U.P. Revenue Code, 2006 has been passed by S.D.M. on 18.12.2023 and in pursuance thereof, the land of
the petitioner has not been demarcated and boundary stones have not been installed.
4. No useful purpose would be served in keeping this petition pending.
5. Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, the present petition stands disposed of finally with a direction to respondent No. 2 to get the land of the petitioner demarcated and get the boundary pillars installed, within a period of twelve weeks from the date of production of a certified copy of this order, provided that there is no other legal impediment." From perusal of the order passed by the Co-ordinate Bench, it is clear that the Court had directed the authorities to demarcate the land of respondent no.7 within a period of 12 weeks. Now, this writ petition has been moved by the petitioners seeking a direction upon the respondents not to dispossess them over the gatas mentioned in the prayer. Further, the counsel submitted that a team may be constituted by the District Magistrate for demarcation. From perusal of the record, I find that no such direction can be issued at this stage, because petitioners have not approached the revenue authorities by moving necessary application under relevant provisions of law. Writ petition is misconceived and the same stands dismissed.
Order Date :- 3.7.2025 SK Goswami Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad