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Neutral Citation No. - 2025:AHC:13407-DB Court No. - 29 Case :- WRIT - C No. - 31603 of 2024 Petitioner :- Amir Uddin Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Ashish Kumar Dubey,Rajesh Chandra Dwivedi Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J.
1. This writ petition has been filed with prayer to command the respondents not to interfere in the peaceful possession of the petitioner over Arazi No.293 admeasuring Area 0.6390 hectare situated at Mauja Asadullahpur Rohi, Pargana and Tehsil Chail, District Kaushambi.
2. Counsel for the petitioner states that petitioner was shown a lesser area of land in the revenue map from his entitlement and on petitioner's application, correction has been allowed in part. It is submitted that somebody else, who was allotted excess land, filed an application under Section 24 of the U.P. Revenue Code, 2006 in which orders have been passed by the authorities protecting the interest of such persons to the detriment of the petitioner. Petitioner has already approached this Court by filing Writ Petition No.26926 of 2023, wherein an order of status quo is passed and subsists. Submission is that State Authorities are violating the status quo order at the instance of private persons, who have no right over the land.
3. Learned Standing Counsel has obtained instructions, according to which no interference is made over the petitioner's land by any of the State Authorities.
4. From the materials brought on record, we find that there are issues between the petitioner and the respondents in Writ Petition No.26926 of 2023, at whose instance proceedings under Section 24 of the U.P. Revenue Code, 2006 were undertaken earlier. An
order of status quo has been passed by the learned Single Judge in the petitioner's earlier writ petition. If this order is violated, the remedy would be to institute contempt proceedings. In this petition, however, none of the private persons with whom the
petitioner has his dispute is impleaded as a party respondent.
5. Filing of the present writ petition without impleading those with whom the petitioner has dispute in the previous writ petition is a circuitous way adopted by the petitioner to achieve his purpose. Once a dispute is with the private persons, filing of the writ petition without impleading such persons cannot be countenanced. We disapprove the practice of filing such petition by merely impleading the State Authorities, without truly disclosing the nature of dispute with private persons.
6. Writ petition, accordingly, is dismissed.
Order Date :- 27.1.2025 Anil Digitally signed by :- ANIL KUMAR PATEL High Court of Judicature at Allahabad