Anand Kumar Pandey Vs State of Up and 2 Others — Allahabad HC (2025) — LawSathi Research

Anand Kumar Pandey Vs State of Up and 2 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with the consent of counsel; petitioner granted liberty to file a fresh application narrating correct facts with relevant records within one month before the Sub Divisional Officer (respondent No. 3), who is to consider it and pass appropriate orders within a maximum of two months from production of the application with certified copy of the order.

Issue for consideration

Whether the respondent Nos. 2 and 3 should be directed (via mandamus) to carry out the demarcation of the boundaries of the petitioner's agricultural plots bearing Arazi Nos. 71, 75, 141 and 150, situated at village Bhori, police station Suriyava, district and Tehsil Bhadohi.

Court's answer

Taking into consideration the situation (partial demarcation done, remainder stalled since May 2024), the Court was of the considered opinion that no useful purpose would be served by keeping the present petition pending.

Ratio / Principle

With the consent of the learned counsel for the parties present before the Court, the matter was finally disposed of, with liberty granted to the petitioner to file a fresh application narrating the correct facts along with relevant records within a period of one month.

Key takeaways

If such an application is filed before the Sub Divisional Officer (respondent No. 3), the same shall be considered and he shall pass appropriate orders on it within a maximum period of two months from the date the application, along with a certified copy of this order, is produced before him.ratio¶12

Detailed headnote1 paragraphs

Allahabad High Court (Neutral Citation 2025:AHC:31765), Syed Qamar Hasan Rizvi, J.; Order dated 5.3.2025. Writ petition (WRIT - C No. 22120 of 2024) by Anand Kumar Pandey sought a writ of mandamus directing respondent Nos. 2 and 3 to demarcate the boundaries of his agricultural plots, Arazi Nos. 71, 75, 141 and 150, village Bhori, police station Suriyava, district and Tehsil Bhadohi. Per the SDO Bhadohi's report dated 9.5.2024 (annexure No. 4), demarcation of Arazi Nos. 141 and 150 had been completed by the Revenue Authorities in the petitioner's presence with no dispute on the spot, while demarcation of the remaining plots awaited records; counsel for the petitioner submitted that no further proceedings for Arazi Nos. 71 and 75 had occurred since May, 2024. Holding that no useful purpose would be served by keeping the petition pending, the Court, with the consent of counsel, finally disposed of the petition, granting the petitioner liberty to file a fresh application narrating correct facts with relevant records within one month before the Sub Divisional Officer (respondent No. 3), who is to consider it and pass appropriate orders within a maximum of two months from production of the application with a certified copy of the order.

Neutral Citation No. - 2025:AHC:31765

Court No. - 37

Case :- WRIT - C No. - 22120 of 2024

Petitioner :- Anand Kumar Pandey Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Girish Chandra Shukla,Kamlendra Tripathi Counsel for Respondent :- C.S.C.

Hon'ble Syed Qamar Hasan Rizvi,J.

Heard Shri Girish Chandra Shukla, leanred counsel for the petitioner and Shri Jitendra Narain Rai, learned Additional Chief Standing Counsel for the State-respondents.

By means of the present writ petition, the petitioner has prayed for a writ in the nature of mandamus directing the respondent Nos. 2 and 3 to carry out the demarcation of the boundaries of the agricultural plot of land having Arazi No. 71, 75, 141 and 150 situated at village Bhori, police station Suriyava, district and Tehsil Bhadohi.

Learned Additional Chief Standing Counsel has pointed out that vide the report dated 9.5.2024, as contained in annexure No. 4 to the writ petition, the Sub Divisional Officer, Bhadohi has reported the matter to the District Magistrate, Bhadohi that the demarcation of the plot bearing Arazi Nos. 141 and 150 has been carried out by the Revenue Authorities under the supervision of the Revenue Team in the presence of the petitioner. He pointed out that the report says that there is no dispute on the spot. However, the demarcation of the rest of the plots belonging to the petitioner are to be carried out on the availability of the records.

Learned counsel appearing on behalf of the petitioner submits that since May, 2024 no further proceedings for demarcation of the rest of the plots, namely, Arazi Nos. 71 and 75 have not been made till date.

Taking into consideration the aforesaid situation this Court is of the considered opinion that no useful purpose would be served to keep the present petition pending.

With the consent of the learned counsel for the parties present before the Court, the matter is finally disposed of with the liberty granted to the petitioner to file a fresh application narrating the correct facts along with relevant records within a period of one

month. In case, if such an application is filed before the Sub Divisional Officer-respondent No. 3, the same shall be considered and he shall pass appropriate orders on the same within a maximum period of two months from the date the said application along with certified copy of the order is produced before him.

The writ petition is accordingly disposed of.

Order Date :- 5.3.2025 Sumaira

Digitally signed by :- SUMAIRA AQUIL High Court of Judicature at Allahabad