Ram Sajiwan vs State Of U.P. Thru. Prin. Secy. Revenue ...
2024 Latest Caselaw 15713 ALL

Allahabad High Court

Ram Sajiwan vs State Of U.P. Thru. Prin. Secy. Revenue ... on 6 May, 2024

Author: Sangeeta Chandra

Bench: Sangeeta Chandra

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:34859-DB
 
Court No. - 3
 
Case :- WRIT - C No. - 4037 of 2024
 
Petitioner :- Ram Sajiwan
 
Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt. Civil Secrt. Lko. And Others
 
Counsel for Petitioner :- Vimlesh Kumar,Krishna Ram Yadav
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Mrs. Sangeeta Chandra,J.
 

Hon'ble Brij Raj Singh,J.

1. Heard learned counsel for the petitioner and learned Standing Counsel for the respondents.

2. This writ petition has been filed with the following main prayer:-

"(i). a writ, order or direction in the nature of Mandamus thereby commanding and directing to the opposite party no. 2 to 4 to consider the order dated 28-03-2023 passed by Civil Judge (S.D.) Barabanki, and decide the representation of the petitioner dated 05-04-2024 pending before concerned authorities, in the interest of justice."

3. It is the case of the petitioner that the petitioner had filed a suit for permanent injunction against one Asharam and Ram Bahadur, both residents of village Neora, Pargana Basaudhi, Tehsil Rudauli, District Barabanki registered as Regular Suit No.991 of 2006. The Civil Judge, (Senior Division), Court No.20, Barabanki has been pleased to allow the said civil suit on 28.03.2023. A copy of the judgment and order passed by the Civil Judge, (Senior Division), Barabanki has been filed as Annexure 2 to the writ petition.

4. The respondent nos.2 to 4 are not taking any steps for compliance of the order passed by the Civil Judge, Barabanki and hence this writ petition.

5. We have gone through the judgment and order dated 28.03.2023 passed by the Civil Judge, (Senior Division), Barabanki against two private persons. We have also gone through the representation made by the petitioner on 05.04.2024, which relates to some demarcation being carried out of Gata No.1125/0.1670 hectares and Gata No.1129/0.990 hectares by the Revenue Inspector and the Area Lekhpal and confirmation of such demarcation report by the Sub Divisional Magistrate on 01.11.2017.

6. It appears that there is no reference in the said representation of any order passed by the Civil Court. The request of the petitioner in the representation is to the authorities to carry out demarcation of its boundary marks and pillars accordingly. In the writ petition, however, all the pleadings relate to two private persons Asharam and Ram Bahadur interfering in the possession of the petitioner.

7. This writ petition is disposed of with a direction to the petitioner to make an appropriate application to the concerned Civil Court for adjudication of its order.

Order Date :- 6.5.2024

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