Writ petition against a second map-correction proceeding initiated by the Gaon Sabha despite an earlier proceeding decided in the petitioner's favour. The petitioner had not filed a preliminary objection before the authority; the court disposed of the petition with liberty to raise such an objection within 30 days.
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Neutral Citation No. - 2025:AHC:17045
Court No. - 33
Case :- WRIT - C No. - 3267 of 2025
Petitioner :- Ghanshyam Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ghan Shyam Yadav,Kuldeep Singh Counsel for Respondent :- C.S.C.,Pankaj Kumar Gupta
Hon'ble Vikram D. Chauhan,J.
It is submitted by learned counsel for the petitioner that previously proceedings for correction of map were drawn by the Gaon Sabha, which was decided in favour of the petitioner and the same has attained finality between the parties. Although, the Gaon Sabha has already filed a writ petition before this Court and without considering the aforesaid fact, a second proceedings for correction of map has been drawn and notices have been issued. Once the proceedings for correction of map has attained finality, then the second proceedings may not be maintainable.
On a query being made to learned counsel for the petitioner that whether any preliminary objection has been filed by the petitioner before the District Magistrate concerned, learned counsel for the petitioner fairly submits that no such objection has been filed.
This Court is of the opinion that preliminary objection is required to be raised before the District Magistrate concerned.
In view of the aforesaid, the writ petition is disposed of with liberty to the petitioner to file preliminary objection before the respondent no.2 within a period of 30 days from today. If any such preliminary objection is filed within the aforesaid period, the same shall be decided in accordance with law within a further period of 30 days.
Order Date :- 5.2.2025 Bhaskar
Digitally signed by :- BHASKAR High Court of Judicature at Allahabad
1 issue framed by the court
Whether second map correction proceedings are maintainable after earlier proceedings attained finality, and whether the objection should be raised before the District Magistrate.
Ghanshyam
State Of U.P.
Vikram D. Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
