Dayaram Yadav Vs State of U.P. and 4 Others — Allahabad HC (2026) — LawSathi Research

Dayaram Yadav Vs State of U.P. and 4 Others — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with a direction to the court below to decide the pending restoration application under Section 67, U.P. Revenue Code, 2006, in accordance with law, expeditiously, preferably within three months from production of a certified copy of the order, after notice and hearing to all concerned; parties directed to maintain status quo till disposal of the restoration application; interim protection to stand automatically vacated if the petitioner seeks undue adjournments.

Issue for consideration

Whether the impugned demarcation report of the Lekhpal (RC Form-19 dated 08.01.2025 and RC Form-20 dated 03.07.2025) and the dispossession order dated 17.07.2025 passed by respondent No. 4 should be quashed by a writ of certiorari. +1 more

Ratio / Principle

Since the restoration application filed against the order under Section 67 of the U.P. Revenue Code, 2006 is pending, no useful purpose would be served in keeping the writ petition pending.

Key takeaways

The writ petition is disposed of with a direction to the court below to decide the pending restoration application in accordance with law, expeditiously, preferably within three months from the date of production of a certified copy of the order, after ensuring service of notice upon all respondents and providing opportunity of hearing to all concerned parties, provided there is no other legal impediment.ratio¶17
Till disposal of the restoration application, the parties are directed to maintain status quo.ratio¶20
The petitioner shall co-operate in the disposal of the restoration application and shall not seek any undue adjournments; in case any such effort is made by the petitioner, the interim protection granted by the Court shall automatically stand vacated.

Detailed headnote1 paragraphs

Writ petition (WRIT - C No. 17560 of 2026, decided May 5, 2026, Manish Kumar Nigam, J., High Court of Judicature at Allahabad) sought certiorari to quash the demarcation reports of the Lekhpal in RC Form-19 dated 08.01.2025 and RC Form-20 dated 03.07.2025 and the dispossession order dated 17.07.2025 passed by respondent No. 4, and mandamus against interference with the petitioner's possession. A restoration application against the underlying order under Section 67 of the U.P. Revenue Code, 2006 was pending, during which notice for implementation of the Section 67 order had been issued on 5.4.2026. Held: since the restoration application was pending, no useful purpose would be served in keeping the petition pending; the writ petition was disposed of with a direction to the court below to decide the restoration application in accordance with law, expeditiously, preferably within three months from production of a certified copy of the order, after ensuring notice to and hearing of all concerned parties, provided there is no other legal impediment; parties to maintain status quo till disposal; the interim protection would stand automatically vacated if the petitioner sought undue adjournments.

HIGH COURT OF JUDICATURE AT ALLAHABAD

WRIT - C No. - 17560 of 2026

Dayaram Yadav

.....Petitioner(s)

Versus

State Of U.P. And 4 Others

.....Respondent(s)

Counsel for Petitioner(s)	: Subhash Chandra Yadav
Counsel for Respondent(s)	: C.S.C., Pradeep Singh

Court No. - 36

HON'BLE MANISH KUMAR NIGAM, J.

Heard learned counsel for the parties and perused the record.

This writ petition has been filed seeking following relief :-

"(A). Issue a writ, order or direction in the nature of certiorari quashing the impugned demarcation report of Lekhpal in RC Form-19 dated 08.01.2025 and RC Form-20 dated 03.07.2025, as well as in pursuance of that passing the impugned dispossession order dated 17.07.2025 passed by respondent No. 4 against the petitioner.

(B). Issue a writ, order or direction in the nature of mandamus commanding respondent concerned and directing the not to create any Interference in peaceful possession/occupation of the petitioner, over the land in question."

Contention of learned counsel for the petitioner is that against an order passed under Section 67 of the U.P. Revenue Code, 2006, restoration application filed by the petitioner on 1.4.2026 is pending. During pendency of the restoration application, notice has been issued on 5.4.2026 for implementation of the order passed under Section 67.

Since the above-mentioned restoration application is pending, no useful purpose would be served in keeping this petition pending.

In view of the above, this writ petition stands disposed of with a direction to the Court below to decide the above-mentioned restoration application, in accordance with law, expeditiously, preferably within three months from the date of production of a certified copy of this order, after ensuring service of notice upon all the respondents and providing opportunity of hearing to all the concerned parties provided there is no other legal impediment.

WRIC No. 17560 of 2026

2

Till disposal of the above-mentioned restoration application, parties are directed to maintain status quo.

It is further provided that petitioner shall co-operate in disposal of the aforesaid application and will not seek any undue adjournments to linger on the proceedings and in case any effort is being made by the petitioner, the interim protection granted by this Court shall automatically be vacated.

May 5, 2026 Rishabh

(Manish Kumar Nigam,J.)

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