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2026 DAILYLAW 6315 (ALL)

REENA DEVI v. STATE OF U.P. AND 4 OTHERS

WPIL/2174/2026 · 2026-09-13

Arun Kumar

Public Interest Litigationbody2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 2174 of 2026 Court No. - 51 HON'BLE ARUN KUMAR, J. 1. Heard Sri Pramod Kumar Sahani, learned counsel for the petitioner and learned Additional Chief Standing Counsel for the State respondent nos. 1 to 3. Sri R. P. Shukla, Advocate has accepted notice on behalf of respondent Gaon Sabha. 2. The present petition has been filed seeking following relief: "Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent no. 2 to enquire into the matter and direct the respondent no. 3 to correct the entry of Gata nos. 330 M/93 Kari, 330M/93 Kari, 331/261 Kari pond, 332/60 Kari, situated at Village Rasoolpur Inamuddinpur, Tehsil Madhuban, District Mau by deleting the name of respondent no. 5." 3. The grievance of petitioner is that the plots in question recorded as Pond and Banjar in Khatauni 1356 Fasli, the name of respondent no. 5 has been wrongly recorded, without any basis and formal order having been passed in his favour. It is contended that the petitioner has made various representations, including the representation dated 26.05.2026, before the District Magistrate, for correction of entries, which has not been considered till date. 4. On the other hand, learned Additional Chief Standing Counsel has raised a preliminary objection that the petitioner has remedy to move an appropriate application under Section 38 of the U.P. Revenue Code, 2006 Versus Counsel for Petitioner(s) : Pramod Kumar Sahani Counsel for Respondent(s) : C.S.C., Rameshwar Prasad Shukla Reena Devi .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) read with Rule 36 of the U.P. Revenue Code Rules, 2016 for correction of any error or omission in the record of rights. 5. The representation made by the petitioner before the District Court is not in accordance with the provisions of Code and Rules. 6. Having considered the submissions made by the parties, it is evident that the petitioner has an appropriate remedy of moving an application under Section 38 before the Tehsildar for correction of any error or omission in the record of rights. The Tehsildar after making appropriate enquiry may refer the case alongwith his report to the Sub Divisional Officer for correction of revenue records and to the Collector for correction of map. 7. In view of the aforesaid, no mandamus can be issued to the District Magistrate to decide the representation for the relief claimed by him. In such circumstances, the present petition is disposed of with liberty to the petitioner to move an appropriate application under Section 38(1) of the Code, before the appropriate authority, which shall be considered in accordance with law. September 14, 2026 Ashok Kr. WPIL No. 2174 of 2026 2 (Arun Kumar,J.) Digitally signed by :- ASHOK KUMAR High Court of Judicature at Allahabad