HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 13630 of 2026 Court No. - 55 HON'BLE VIKRAM D. CHAUHAN, J. 1. Heard learned counsel for petitioner and learned AGA for the State. 2. The petition is filed with the following prayer: "I- Issue a order or direction to set aside order dated 3-9-2026 passed by Additional District & Sessions Judge/Special Judge (Essential Commodities Act), Varanasi in Criminal Revision no-473 of 2024 as well as order dated 05-8-2024 passed by Chief Judicial Magistrate, Varanasi in Case no-3795 of 2023 under section-156 (3) of Code of Criminal Procedure and order for registration of First Information Report against the respondent no-2 to7." 3. It is submitted by learned counsel for petitioner that initially an application under Section 156(3) Cr.P.C. was filed for lodging of First Information Report under Sections 419, 420, 467, 468, 471 and 120-B IPC on the ground that respondent nos.2 and 3, who are government servant being Revenue Inspector and Lekhpal have measured the land in question incorrectly with malafide intention as a result of same the land of petitioner was not available on the spot. The application for measurement was given by respondent nos.4 to 7. The trial court has rejected the application holding that there is civil dispute and respondent nos.2 and 3 are government servant. The revisional court has confirmed the aforesaid order. 4. It is to be seen that respondent nos.2 and 3 in exercise of statutory duty have measured the land and if there is mistake in the measurement of land Versus Counsel for Petitioner(s) : Shambhavi Nandan Counsel for Respondent(s) : G.A. Ajay Kumar Singh .....Petitioner(s) State Of Uttar Pradesh And 6 Others .....Respondent(s) then the remedy lies in the revenue court. According to learned counsel for petitioner, petitioner has already availed the remedy under the revenue code. The dispute with regard to measurement of land is primarily a civil dispute. There is no finding of the revenue court that with malafide intention incorrect measurement has been made. Accordingly, the criminal prosecution would not be tenable. 5. In view of aforesaid, the petition lacks merit and the same is dismissed. September 29, 2026 D. Tamang A227 No. 13630 of 2026 2 (Vikram D. Chauhan,J.) Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad