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2026 DAILYLAW 9748 (ALL)

RAMESH CHANDRA AND 3 OTHERS v. STATE OF U.P. AND 2 OTHERS

WRIC/33786/2026 · 2026-09-22

Chandra Kumar Rai

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 33786 of 2026 Court No. - 37 HON'BLE CHANDRA KUMAR RAI, J. 1. Heard Sri Kamla Prasad Tiwari, learned counsel for the petitioners and Sri Rajesh Kumar Tiwari, learned Addl. C.S.C. for the state- respondents. 2. The instant writ petition has been filed for the following relief:- "Issue a writ, order or direction in the nature of mandamus, directing the respondents to demarcate the gata nos. 426/1, 426/2, 426/3 and 426/4, situated in vilalge Biharaman Nagla, Chhoti Bihar, District Bareilly." 3. Counsel for the petitioners submitted this Court has passed an order, directing the Tehsildar to do the needful in the matter but till date proper demarcation has not been made at the spot. He further submitted that petitioners have filed an application for proper demarcation of the plot in question but no steps have been taken by the authorities. 4. On the other hand, learned standing counsel for the State submitted that proper application for demarcation as provided under the U.P. Revenue Code, 2006, has not been filed by the petitioners before the authority concerned, as such, the writ petition cannot be entertained. 5. I have considered the arguments advanced by learned counsel for the parties and perused the records. 6. The prayer made in the instant writ petition cannot be entertained Versus Counsel for Petitioner(s) : Kamla Prasad Tiwari Counsel for Respondent(s) : C.S.C. Ramesh Chandra And 3 Others .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) in exercise of jurisdiction under Article 226 of the Constitution of India. 7. Under the U.P. Revenue Code, 2006 provision has made for demarcation as such misc. application or representation for demarcation cannot be entertained. 8. Considering the facts and circumstances of the case, the instant writ petition is disposed of with the liberty to the petitioner to initiate proper proceeding as available under the U.P. Revenue Code, 2006 before the authority concerned, in accordance with law. September 23, 2026 C.Prakash WRIC No. 33786 of 2026 2 (Chandra Kumar Rai,J.) Digitally signed by :- CHANDRA PRAKASH High Court of Judicature at Allahabad