Neutral Citation No. - 2025:AHC:62567 Court No. - 34 Case :- WRIT - C No. - 28381 of 2024 Petitioner :- Iftekhar And 3 Others Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Anand Kumar Srivastava,Bakhteyar Yusuf Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla Hon'ble Syed Qamar Hasan Rizvi,J. 1. Heard Sri Anand Kumar Srivastava, learned counsel for the petitioners and Sri Jitendra Narain Rai, learned Additional Chief Standing Counsel appearing for the State-respondents. 2. By means of the present writ petition, the petitioenr has prayed for the following relief: "(i) Issue a writ, order or direction in the nature of mandamus directing/commanding the respondent no.2 to restrain the respondent no.5 to construct the Nali from the Aarazi of petitioners bearing Aarazi No.119 measuring area 0.4820 hq., Arazi No.103 measuring area 0.2210 hq., Arazi No.114 measuring area 0.7910 hq., situated at Village Hemaipur, Block and Tehsil Phoolpur, District Azamgarh, within stipulated period. (ii) Issue a writ, order or direction in the nature of mandamus directing/commanding the respondent no.3 to decide the application of petitioners dated 07.08.2024." 3. Precisely, the submission of the learned counsel for the petitioners is that the petitioner nos.1 and 2 are the tenure holders of the Arazi No.119 measuring area 0.4820 hectare, the petitioner no.3 of Arazi No.116 measuring area 0.7910 hectare and the petitioner no.4 of Arazi No.114 area 0.3300 hectare situated at Village hemaipur, Block and Tehsil Phoolpur, District- Azamgarh. He submits that the Arazi No.126 measuring area 0.0330 hectare, Arazi No.123 measuring area 0.0150 hectare and Arazi No. 125 measuring area 0.0140 hectare, are recorded as Nali in the revenue records. 4. Contention of the learned counsel for the petitioners is that the aforesaid Nali is shown in the consolidation map since 1982. Despite the fact that the Nali(s) which have been shown in the consolidation map, the respondent no.5 is bent upon to construct another Nali over the aforesaid Arazis of the petitioner. The said action of constructing another Nali over the petitioner's plot of land was objected by the petitioners but despite several applications to the concerned authorities, no action has been taken on the same. 5. The contention of the learned counsel for the petitioner is that the respondent no.5 with ulterior motive is constructing the Nali over the property of the petitioners despite the fact that there already exists a Nali on one side of land of the petitioners, as is evident from the order of the Consolidation Officer passed in the year 1982. The petitioners preferred several representations which are pending before the Sub Divisional Officer (respondent no.4) but the same have not been considered till date. 6. Taking into consideration the facts and circumstances of the case, this Court is of the view that no useful purpose would be served to keep the writ petition pending. Accordingly, this Court deems it appropriate to dispose of the present writ petition with granting liberty to the petitioners to submit a detailed application afresh along with the relevant documents before the Sub Divisional Officer, within a period of one week from today, for redressal of their grievances. 7. It is provided that in case if the aforesaid application is filed by the petitioners within the given time period, the Sub Divisional Officer, Tehsil- Phoolpur, District- Azamgarh shall consider and pass appropriate orders on the said application, strictly in accordance with law, expeditiously and preferably within a period of four weeks from the date of filing of the said application. 8. It is made clear that this Court has not considered the claim of the petitioners on merit. 9. With the aforesaid directions, the writ petition is disposed of. Order Date :- 24.4.2025 Abhishek Gupta Digitally signed by :- ABHISHEK GUPTA High Court of Judicature at Allahabad