Smt.Asha Rani Srivastava Thru.Her General Power of Attorney Shri Shri Shiv Brat Lal vs State of U.P. Thru. Addl. Chief Secy. Pubilc Work Deptt. Lko. and 5 Others — Allahabad HC (2026) — LawSathi Research

Smt.Asha Rani Srivastava Thru.Her General Power of Attorney Shri Shri Shiv Brat Lal vs State of U.P. Thru. Addl. Chief Secy. Pubilc Work Deptt. Lko. and 5 Others — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the petitioner to move an appropriate application in terms of Para 460 of the Revenue Court Manual within two weeks; on such application the authorities to consider and decide it with expedition in accordance with law.

Issue for consideration

Whether the petitioner, who sought compliance of the SDM Sadar, Sultanpur demarcation order dated 20.8.2022 through the writ petition, should instead pursue the efficacious alternate remedy of an application under Para 460 of the Revenue Court Manual.

Court's answer

Acting on the Standing counsel's preliminary objection, the court accepted the efficacious-remedy route in substance and granted the petitioner liberty to move an appropriate application in terms of Para 460 of the Revenue Court Manual; if such application is moved within the next two weeks, the authorities shall proceed to consider and decide the same with expedition in accordance with law.

Ratio / Principle

With the aforesaid observations and directions the writ petition stands disposed of; the court did not itself order enforcement of the SDM's demarcation order.

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Court No. 5 — WRIT - C No. 12203 of 2025, Smt. Asha Rani Srivastava (through GPA) v. State of U.P. (Addl. Chief Secy., Public Works Deptt.) & 5 Ors.; coram Alok Mathur and Amitabh Kumar Rai, JJ.; decided February 26, 2026. Petitioner alleged encroachment on gata No.70, Village Saifullaganj, Tehsil Sadar, District Sultanpur, and sought writ-driven compliance of the SDM Sadar's demarcation order dated 20.8.2022 (passed on her application under Section 24 of U.P. Revenue Code, accepting the spot inspection report dated 23.11.2021). On the Standing counsel's preliminary objection, the court found an efficacious remedy under Para 460 of the Revenue Court Manual, granted liberty to file such application within two weeks, directed expeditious consideration and decision thereafter, and disposed of the petition. Utility point: enforcement of revenue demarcation orders must be pursued through the Revenue Court Manual route; no merits were adjudicated and no quantum was involved.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

WRIT - C No. - 12203 of 2025

Smt.Asha Rani Srivastava Thru.Her General Power Of Attorney Shri Shri Shiv Brat Lal

.....Petitioner(s)

Versus

State Of U.P. Thru. Addl. Chief Secy. Pubilc Work Deptt. Lko. And 5 Others .....Respondent(s) Counsel for Petitioner(s) : Mohiuddin Khan Counsel for Respondent(s) : C.S.C.

Court No. - 5

HON'BLE ALOK MATHUR, J. HON'BLE AMITABH KUMAR RAI, J.

Heard Sri Mohiuddin Khan, learned counsel for the petitioners as well as learned Standing counsel for respondent No.s 1 to 6.

It has been submitted on behalf of the petitioner that opposite party No.s 2 and 4 have encroached upon the land of gata No.70 situated in Village Saifullaganj, Pargana Barausa, Tehsil Sadar, District Sultanpur. It has been submitted that the petitioner had moved application under Section 24 of U.P. Revenue Code for demarcation of the said land and the Sub Divisional Magistrate, Sadar, District Sultanpur by means of order dated 20.8.2022 concluded the proceedings accepting the spot inspection report submitted by the revenue authorities dated 23.11.2021. It is in these circumstances that the petitioner has filed present writ petition seeking to comply the order dated 20.8.2022 issued by Sub Divisional Magistrate, Sadar, Sultanpur.

Learned Standing counsel has raised a preliminary objection that the petitioner has efficacious remedy of moving appropriate application under Para 460 of Revenue Court Manual for compliance of the order of the revenue authorities.

In light of the above, especially considering that the order was

WRIC No. 12203 of 2025

2

passed in 2022 liberty is granted to the petitioner to move appropriate application in terms of Para 460 of Revenue Court Manual and in case such an application is moved within next two weeks, the authorities shall proceed to consider and decide the same with expedition in accordance with law.

With aforesaid observations and directions, the petition stands disposed of.

(Amitabh Kumar Rai,J.) (Alok Mathur,J.)

February 26, 2026

RKM.

Digitally signed by :- RAKESH KUMAR MAURYA High Court of Judicature at Allahabad, Lucknow Bench