Petitioners filed a writ seeking an injunction against constructing a pond on land recorded as Talab in the name of the Gaon Sabha. The court noted the land status and dismissed the prayer accordingly.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 2
Case :- WRIT - C No. - 7047 of 2022
Petitioner :- Ram Sagar And Another Respondent :- Addl. Commissioner Judicial , Faizabad And Another Counsel for Petitioner :- Virendra Kumar Shukla Counsel for Respondent :- C.S.C.,Mohan Singh
Hon'ble Devendra Kumar Upadhyaya,J. Hon'ble Saurabh Srivastava,J.
Heard learned counsel for the petitioners, learned State Counsel representing the State-respondent and Sri Mohan Singh, learned counsel representing the Gaon Sabha/Land Management Committee concerned.
By means of this petition, a prayer has been made to issue direction to the respondents not to construct pond over the Khasra Plot No.325 Kha, situate in village Muzaffarmau Sarsaundi, Pargana Deva, Tehsil Nawabganj, District Barabanki.
The facts of the case as can be culled out from the pleadings available on record of the writ petition are that by means of the order dated 20.03.2007, passed by the Sub Divisional Officer, under Section 33/39 of the U.P. Revenue Code, 2006, the land in question was ordered to be recorded as Talab and vested in the Gaon Sabha. The said order dated 20.03.2007 was challenged by the petitioners by filing revision petition before the Additional Commissioner (Judicial), Faizabad Division, Faizabad (Ayodhya), under Section 219 of the U.P. Revenue Code, 2006, which was dismissed on 22.08.2015. Against the said order dated 22.08.2015, the petitioners have made a application seeking restoration of the revision petition after expiry of a period of 7 years i.e. on 25.04.2022. The said restoration application is pending and in the meantime, this petition has been filed.
As on today, the land in question has been recorded in the name of Gaon Sabha as Talab land. The revision petition filed by the petitioners stood dismissed way back on 22.08.2015. The restoration application has been moved after expiry of 7 years which is said to be pending.
Prior to making restoration application, it appears that the petitioners had challenged the order dated 22.08.2015, passed by the Additional Commissioner (Judicial) by means of filing
Writ-C No. 2000 of 2022. The said writ petition has been dismissed as withdrawn by means of order dated 08.04.2022.
In view of the fact that as on today the land has been recorded in the name of Gaon Sabha as Talab land, we are unable to grant the prayer made in this petition, which is hereby dismissed.
Order Date :- 30.9.2022 Sanjay
Digitally signed by SANJAY PRATAP SINGH Date: 2022.09.30 18:40:07 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the writ petition should be allowed in light of the land already recorded as Talab in the name of Gaon Sabha.
Ram Sagar
Addl. Commissioner Judicial, Faizabad
Devendra Kumar Upadhyaya
Saurabh Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
