Are you looking for a legal research tool ?
Get Started
Do check other products like LIBIL, a legal due diligence tool to get a litigation check report and Case Management tool to monitor and collaborate on cases.

Hem Chand Jain v. Sub Divisional Officer/ Sub Distt. Magistrate , Barabanki And Others

Hem Chand Jain v. Sub Divisional Officer/ Sub Distt. Magistrate , Barabanki And Others

(High Court Of Judicature At Allahabad, Lucknow Bench)

WRIT - C No. - 4235 of 2024 | 14-05-2024

1. Heard learned counsel for the petitioner, learned Standing Counsel appearing on behalf of the State Respondents and Sri Ram Kumar Singh, learned Counsel appearing on behalf of the respondent no.24.

2. This petition has been filed with the following main prayer:-

"Issue a writ, order or direction in the nature of Mandamus commanding the opposite party no.1 and 2 to demarcate the boundary and fixed the stone of the border of Gata No.417 situated in Village- Tikait Nagar, Pargana- Dariyabad, TehsilSirauligauspur, District- Barabanki in pursuance of the order dated 21.03.2024 passed by the opp. party no.1 in Case No.00475/2023, Hemchand Jain and others V/s Devendra Kumar and others, under section 24 of U.P. Revenue Code, 2006, as contained in Annexure No.1 to this writ petition, in the interest of justice."

3. It is the case of the petitioner that he filed an application under Section 24 of the U.P. Revenue Code, 2006 which was decided on 21.03.2024 and preliminary demarcation report has been passed by the Sub-Divisional Magistrate, Sirauligauspur, Barabanki, but the boundary pillars have not been erected.

4. Learned Standing Counsel, on the basis of instructions, has pointed out annexure-5 to the petition wherein it has been mentioned that after demarcation proceedings were carried out, the actual erection of boundary pillars could not be done because the petitioner was not present on the spot when the revenue team visited the site. It has also been pointed out that the Sub Divisional Magistrate, Sirauligauspur, Barabanki has informed that one Ravindra Kumar Jain and Devendra Kumar Jain have filed a restoration application in the Court of the Sub Divisional Magistrate and prayed for recall of earlier order. The restoration application is pending disposal to which the petitioner has filed objections on 07.05.2024.

5. Instructions are kept on record.

6. This writ petition is disposed of with the liberty to the petitioner to approach the Sub Divisional Magistrate where the restoration application is listed for hearing today itself i.e. on 14.05.2024. 

Advocate List
  • Virendra Kumar Shukla,Shyam Pratap Singh

  • C.S.C.,Ram Kumar Singh

Bench
  • Hon'ble Mrs. Justice Sangeeta Chandra
  • Hon'ble Mr. Justice Brij Raj Singh
Eq Citations
  • 2024/AHC-LKO/36798-DB
  • LQ/AllHC/2024/3884
Head Note