HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 18502 of 2025 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J. HON'BLE AMITABH KUMAR RAI, J. 1. Heard Sri Rakesh Pandey, learned Senior Counsel assisted by Hemant Kumar Rai, learned counsel for the petitioner, learned Standing Counsel for the State respondents no.1 to 4 and Sri S.C. Varma, leaned counsel for private respondent nos. 5 to 10. 2. The petitioner by means of the present writ petition has assailed the administrative order dated 22.04.2025 passed by respondent no.2- Commissioner, Commissionrate Azamgarh, District Azamgarh by which the Commissioner has directed for conducting a survey in respect of the plot in dispute. 3. Sri S.C. Varma, learned counsel for the private respondent nos. 5 to 10 submits that the respondents do not propose the file any counter affidavit, and the writ petition may be disposed off at this stage. 4. It is contended by the learned counsel for the petitioner that the Commissioner has no jurisdiction under law to issue such a direction inasmuch as appropriate remedy to the respondents is to initiate proceeding for demarcation either under Section 24 of the U.P. Revene Code, 2006 or any other remedy available to the respondents under law. Accordingly, it is submitted that the impugned order cannot be sustained in law. 5. Sri S.C.Varma, learned counsel for the respondents though tried his level best to defend the impugned order, but could not point any provision under law under which the Commissioner could assume the power to issue Versus Counsel for Petitioner(s) : Hemant Kumar Rai, Rajesh Rai Counsel for Respondent(s) : C.S.C., Satendra Kumar Singh, Suresh Chandra Varma, Vikalp Kumar Rai Shribhagwat Rai .....Petitioner(s) State Of U.P. And 9 Others .....Respondent(s) direction as contained in the impugned order. 6. In view of the aforesaid fact, the impugned order dated 22.04.2025 passed by respondent no.2-Commissioner, Commissionrate Azamgarh, District Azamgarh cannot be sustained, and is hereby set aside leaving it open to the respondent nos.5 to 10 to avail appropriate remedy available in law. 7. Accordingly, the writ petition is disposed off subject to the observations made above. September 10, 2025 NS WRIC No. 18502 of 2025 2 (Amitabh Kumar Rai,J.) (Saral Srivastava,J.) Digitally signed by :- NITIN KUMAR High Court of Judicature at Allahabad