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2026 DAILYLAW 2431 (ALL)

AMAR SINGH v. STATE OF U.P. AND 3 OTHERS

WRIC/11886/2026 · 2026-05-06

Manish Kumar Nigam

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 11886 of 2026 Court No. - 36 HON'BLE MANISH KUMAR NIGAM, J. 1. Instructions have been submitted by learned Standing Counsel which are taken on record. 2. On 23.04.2026, following order was passed: "1. Heard learned counsel for the petitioner and learned Standing Counsel for the State respondents. 2. Learned counsel for the petitioner submits that he has filed a supplementary affidavit on 09.04.2026 but the same are not on record. 3. The office is directed to trace out of the same and place it on record. 4. This Court vide order dated 30.3.2026 has passed the order in following terms :- "1. It is contended by the petitioner that the order under Section 67 U.P. Revenue Code, 2006 has been passed without carrying out the demarcation of the land in question in the presence of the petitioner and even the report on the basis of which the proceedings under Section 67 have been initiated has not been provided to the petitioner. 2. A weeks time is granted to the learned Standing Counsel to seek instructions in the matter as to whether any report of spot inspection and demarcation of the land in question was prepared and as to whether the spot inspection was carried Versus Counsel for Petitioner(s) : Madan Ji Pandey Counsel for Respondent(s) : Arun Kumar Pandey, C.S.C. Amar Singh .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) out in the presence of the petitioner. Further as to whether the copy of the said report was provided to the petitioner or not. 3. Put up as fresh on 08.04.2026." 5. Learned Standing Counsel has placed the instructions, which are taken on record. However, the instructions dated 07.04.2026 do not disclose anything with regard to the report of spot inspection, in respect of which a specific direction was issued by this Court vide order dated 30.03.2026. 6. Learned Standing Counsel prays for and is granted two weeks' further time to seek better instructions in the matter in terms of the order dated 30.03.2026. 7. List this matter on 07.05.2026, as fresh. 8. In the meantime, as respondent nos. 1 to 3 have failed to provide proper instructions despite sufficient time granted by this Court, the parties are directed to maintain status quo till the next date of listing." 2. In compliance of the order of this Court, fresh demarcations have been made. Copy of the same may be given to learned counsel for the petitioner who may file objection. 3. Since fresh demarcations have been made, the de-novo proceedings are to be initiated, and therefore, order dated 17.02.2025 passed by respondent no. 3 and order dated 12.12.2025 passed by respondent no. 2, passed earlier, are quashed. 4. In view of the above, this writ petition is allowed. 5. However, it is provided that after filing of the objections by the petitioner, the proceedings may be decided afresh after providing opportunity of hearing to all the concerned parties. May 7, 2026 Ved Prakash WRIC No. 11886 of 2026 2 (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad