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Neutral Citation No. - 2025:AHC:6836 Court No. - 34 Case :- WRIT - C No. - 30289 of 2024 Petitioner :- Raghuvar Singh Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Jitendra Kumar,Pavan Kumar Pandey,Sr. Advocate Counsel for Respondent :- Anuj Mishra,Arvind Srivastava Iii,C.S.C.,Kunal Shah,Rahul Jain,Sher Bahadur Singh Hon'ble Manish Kumar Nigam,J.
1. Heard Sri Mangala Prasad Rai, learned Sr. Advocate assisted by Sri Jitendra Kumar, learned counsel for the petitioner, learned Standing Counsel for the State, Sri Rahul Jain, learned counsel for the respondent no.4, Sri Kunal Shah, learned counsel for the respondent no.5 and Sri Sher Bahadur Singh, learned counsel for the respondent no.6.
2. This petition has been filed for the following relief:
"a) Issue a writ, order or direction in the nature of certiorari quashing the impugned appellate order dated 15.06.2024 (Annexure '1' to this writ petition) passed by the respondent no.2- Additional Commissioner (Judicial), Bareilly Division, Bareilly in appeal U/s 207 of U.P. Revenue Code, 2006 bearing Case No.1574/2023 Computerized Case No.C202312000001574 (Raghuvar Singh Vs. Ram Nivas & others) as well as impugned
order dated 06.11.2023 (Annexure - '2' to this writ petition) passed by the respondent no.3-Sub Divisional Magistrate, Meerganj, Bareilly in case under Section 116 of U.P. Revenue Code, 2006 bearing
Case
No.4538/2023
Computerized
Case No.T202312130604538 (Raghuvar Singh Vs. Ram Nivas & others); b) Issue a writ, order or direction in the nature of mandamus commanding upon the respondent no.3- Sub Divisional Magistrate, Meerganj, Bareilly to direct and ensure the preparation of Kurra as per order and amended decree dated 23.08.2021 (Annexure '9' to this writ petition) passed in Case No.2926/2021 (Computerized Case No.T202112130602926) (Raghuvar Singh Vs. Ram Nivas & others) U/s 116 of U.P. Revenue Code, 2006."
3. Brief facts of the case are that in a suit filed under Section 116 of the U.P. Revenue Code, 2006, a preliminary decree was passed on 28.12.2017. Thereafter, a final decree was passed by the trial court on 28.6.2018. After the final decree, a compromise application was filed by both the parties on 25.2.2021. Along with the compromise application, a map was also annexed wherein between Kurra Nos. 2 and 3, a rasta has been shown. All the parties to the suit agreed to the compromise and a modified decree was passed on 23.8.2021 on the basis of compromise filed on
25.2.2021. Thereafter, another application was filed by the respondent no.5 on 29.11.2021 praying for certain modifications in the Kurras which was opposed by the other parties. The application filed by the respondent no.5 dated 29.11.2022 was allowed by order 6.11.2023 against which the petitioners filed an appeal and their appeal has also been dismissed. 4. Hence the present petition. 5. After making their submissions, all the parties agreed that the compromise dated 25.2.2021 may be given effect to and no further changes may be permitted to be made in the Kurras except for what has been done in the compromise dated 25.2.2021.
In view of the agreement between the parties, the orders impugned dated 6.11.2023 passed by the Sub Divisional Magistrate/Assistant Collector, First Class, Meerganj, District Bareilly and 15.6.2024 passed by respondent no.2, Additional Commissioner (Judicial), Bareilly Division, Bareilly are modified to the extent that the trial court shall ensure that the map as shown in the compromise application dated 25.2.2021 to which all the parties agree shall be given effect to and no other modification shall be made in the Kurras except for in accordance with the compromise application dated 25.2.2021. 6. Accordingly, the writ petition is disposed of.
Order Date :- 16.1.2025 S. Singh (Manish Kumar Nigam, J.) Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad