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2025 DAILYLAW 94390 (ALL)

SABHAJIT YADAV v. State of UP AND 3 OTHERS

WRIC/30209/2024 · 2025-07-23

Kshitij Shailendra

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Judgment text

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Neutral Citation No. - 2025:AHC:121726 Court No. - 35 Case :- WRIT - C No. - 30209 of 2024 Petitioner :- Sabhajit Yadav Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Achchhey Lal Tiwari Counsel for Respondent :- Bhupendra Kumar Tripathi,C.S.C. Hon'ble Kshitij Shailendra,J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents. 2. Pursuant to previous orders of this Court, instructions have been produced, the same are taken on record. 3. This petition has been filed praying for a writ of mandamus commanding the respondent authorities to record the petitioner's name over Arazi No. 61(Sa) (old No. 170/1), area 30 decimal in pursuance of the order dated 21.02.1972 passed by the High Court. Further prayer is to issue a direction for deciding the application dated 25.07.2024 and 29.07.2024. 4. Learned counsel for the petitioner submits that pursuant to the decree drawn by the civil court, as upheld by this Court, the petitioner is in settled possession over the disputed land and, therefore, he had moved applications to the Tehsildar for entering his name in the revenue records but the same are pending. 5. Instructions have been furnished by learned Standing Counsel which reveal that the stand of the authorities is to the effect that the aforesaid land is recorded as Abadi. Relevant extracts of revenue and consolidation records have been annexed to substantiate the stand. It is further stated in the instructions that in case the petitioner wants to get some relief, he may establish his rights by instituting proceedings in competent court. 6. Though learned counsel for the petitioner submits that provisions of Section 67-A of U.P. Revenue Code, 2006 (in short 'the Code, 2006') apply and the same may be given to the effect to by issuing direction to Tehsildar, this Court finds that even if on the basis of settled possession, some rights are being claimed by the petitioner, the Tehsildar has no jurisdiction to pass any order on administrative side to grant declaration of rights in favour of the petitioner. 7. 7. Without expressing any opinion as to the identity of the land or effect of the decree drawn by the civil court where the description of property is not, prima facie, clear and leaving all the contentions open to be raised by the petitioner, this petition is disposed of permitting the petitioner, if so advised, to institute proceedings under Section 144 of the Code, 2006 or any other statutory proceedings. 8. Since this Court has declined to issue direction to Tehsildar or any other authority on administrative side, it is observed that no further application on administrative side shall be entertained by the Tehsildar or any other revenue authority as far as the declaration of rights claimed by the petitioner is concerned. Order Date :- 24.7.2025 AKShukla/- Digitally signed by :- ANIL KUMAR SHUKLA High Court of Judicature at Allahabad