This petition challenged an order refusing to quash proceedings under U.P. Revenue Code. The court noted earlier proceedings and lack of personal injury, referring to a Division Bench order and a reported judgment to dismiss the present petition.
Petition dismissed. Costs made easy.
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.
Neutral Citation No. - 2024:AHC-LKO:13541
Court No. - 7
Case :- MATTERS UNDER ARTICLE 227 No. - 711 of 2024
Petitioner :- Ramawati And Another
Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt. Lucknow And 4 Others Counsel for Petitioner :- Dinesh Kumar,Rajesh Kumar,Samar Singh Rawat Counsel for Respondent :- C.S.C.
Hon'ble Saurabh Lavania,J.
Heard learned counsel for the parties.
By means of this petition, the petitioners have sought the following main reliefs:-
"(i) Issue a writ, order or direction in the nature of Mandamus set aside the order dated 20.12.2023 passed by the opposite party No.2 in Case No. 28179/2023 Computerized Case No. T202304120128179 U/s 67 (ka) U.P. Revenue Code 2006 (Ramawati Pradhan and others Vs. Radheylal and others) in Village Nagar (Deva) Pargana Deva, Tehsil Nawabganj, District Barabanki which contained as Annexure No.1 to the writ petition, just and proper in the interest of justice.
(ii) Issue a writ, order or direction in the nature of mandamus through opposite party No.2 re-registered the Suit No.28179/2023 (Ramawati Pradhan and others Vs. Radheylal and others) in Village Nagar (Deva) Pargana- Deva, Tehsil Nawabganj, District Barabanki and decided on merit U/s 67 U.P. Revenue Code 2006 according with law just and proper in the interest justice."
It appears from the record that the petitioner(s) earlier approached this Court by means of Writ- C No. 3053 of 2022 (Ramawati And Another vs. State of U.P. and others), which was not entertained by this Court, as appears from the order dated 13.07.2022 passed by this Court. The order dated 13.07.2022 on reproduction reads as under:-
"Heard learned counsel for the petitioners and learned Standing Counsel for the State.
The averments made in the writ petition lack adherence and for the oral submissions made, which are poles apart we pass the following order:
It appears that the Land Management Committee,Village Nagar, Pargana- Deva, Tehsil Nawabganj, District Barabanki has some
grievance against the encroachment of land by opposite party no.5. The connivance of opposite parties no.2 to 4 is also averred baselessly and without placing on record any concrete proof to that effect. In any case, petitioner no.2 i.e. Land Management Committee of the village has a remedy under Section 67 of the U.P. Revenue Code, 2007 for remaining any encroachment upon the public utility land by any private persons whosoever. In case any such proceedings are initiated by the petitioner no.2/ Land Management Committee, the same shall be decided expeditiously in accordance with law.
We do not see any personal injury caused to petitioner no.1, as such writ petition filed by him in personal capacity is not maintainable.
The writ petition is declined to be entertained with the liberty aforesaid."
Taking note of the observations made by the Division Bench in the order dated 13.07.2022 as also the judgment passed by the Division Bench of this Court in the case of Babu Ram Verma vs. Sub Divisional Officer & Others; reported in 1996 (14) LCD 516 , this Court is not inclined tho entertain this petition. It is accordingly dismissed . Costs made easy.
Order Date :- 15.2.2024 Arun/-
Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the writ petition seeking quashing of an order under U.P. Revenue Code is maintainable given predecessor orders.
Whether the petitioner in personal capacity has suffered personal injury to approach the High Court in writ jurisdiction.
Colour shows how this judgement treated each authority
Babu Ram Verma vs. Sub Divisional Officer & OthersReferred¶18
1996 (14) LCD 516
Ramawati And Another
State Of U.P. Thru. Prin. Secy. Revenue Deptt. Lucknow
Saurabh Lavania
Arun Kumar Gangwar
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
