Disposed

Radhey Shyam v. State of U.P. and 6 Others

Allahabad HC19 May 2023WRIC/14188/2023

Case brief

AI extract

What is this about?

The petitioner challenged an appellate order remanding demarcation proceedings to include affected tenure holders. The High Court found the remand lawful to protect rights of adjoining parties and disposed of the writ without interfering, directing conclusion within four months.

What did the court decide?

Disposed without interference; directions given to conclude proceedings within four months after impleading tenure holders of Gata No. 140 and Gaon Sabha.

Radhey Shyam Vs State of U.P. and 6 Others — Civil Procedure and Limitation | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:109677

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Court No. - 52

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Case :- WRIT - C No. - 14188 of 2023

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Petitioner :- Radhey Shyam Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Saurabh Kumar Pandey Counsel for Respondent :- C.S.C.

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Hon'ble Kshitij Shailendra,J.

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Sri H.N. Singh, learned counsel for the Gaon Sabha has appeared and states that the Gaon Sabha has not been arrayed as party to the writ petition.

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Learned counsel for the petitioner is permitted to implead concerned gaon sabha as respondent no.8 during the course of day and serve a copy of the writ petition upon Sri H.N. Singh.

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Heard learned counsel for the parties.

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The petitioner filed an application under Section 41 of U.P. Land Revenue Act, 1901 seeking demarcation of his land covered by Gata No.147 and after considering the same, the Sub-Divisional Officer, Sadar, Farrukhabad passed an order dated 22.06.2016 confirming the measurement report dated 28.06.2015 and issuing further direction to the Tehsildar concerned for installation of pillars. Further direction was issued that revenue employees would take care of the fact that area of any party be not reduced by the aforesaid action.

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The respondents filed appeal before the Commissioner against the order dated 22.06.2016. The appellate court has allowed the appeal in part by order impugned dated 10.04.2017 and directed the subordinate court to decide the matter again after impleading the parties who may be affected by the proceedings and after providing them opportunity of leading evidence and advancing arguments.

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The petitioner filed a recall/review application against the order dated 10.04.2017, however the same has also been rejected by the Additional Commissioner by order dated 13.02.2023.

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This petition has been filed challenging the orders impugned dated 10.04.2017 and 13.02.2023.

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The submission of the learned counsel for the petitioner is that the petitioner's holdings are covered by gata No.147 whereas the private respondents claim their right over gata No.140 and in so far as the observations regarding tenure holders of gata No.150 are concerned, they are not affected persons and hence the order of remand is not according to law.

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Learned Standing Counsel has argued that the writ petition is directed against order of remand and the appellate court has found that even gaon sabha was not arrayed as party though gata No.150 was recorded as chakroad. The appellate court further found that tenure holders of gata No.150 are affected persons to whom no notice was issued. He therefore submits that the writ petition has no force and is liable to be dismissed.

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Having heard the learned counsel for the parties, I find that the demarcation activities under Section 41 of U.P. Land Revenue Act, 1901 would certainly affect the tenure holders of the adjoining gatas, may be they are private persons or even gaon sabha, the appellate court's observation regarding gata Nos.140 and 150 appears to be lawful as during the course of measurement activities, rights of the gaon sabha as well as tenure holders of Gata No.150 may be affected.

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In view of the above, the orders impugned are not being interfered and the writ petition is disposed of with a direction to the SubDivisional Officer, Tehsil Sadar, District Farrukhabad (respondent no.3) to conclude the proceedings pursuant to the remand order within a period of four months from the date when the tenure holders of Gata No.140 and gaon sabha are arrayed as parties.

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Order Date :- 19.5.2023 AKShukla/-

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Digitally signed by :- ANIL KUMAR SHUKLA High Court of Judicature at Allahabad

Radhey Shyam v. State of U.P. and 6 Others

Case brief

What is this about?

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Radhey Shyam v. State of U.P. and 6 Others

Case brief

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