Chandrapal Singh v. State of U.P. and 9 Others

Court No. - 47 Case :- WRIT - C No. - 39976 of 2023 Petitioner :- Chandrapal Singh Respondent :- State Of U.P. And 9 Others Counsel for Petitioner :- Virendra Singh Counsel for Respondent :- C.S.C. Hon'ble Manish Kumar Nigam,J.

¶1Heard learned counsel for the parties and perused the record.

¶2The present petition has been filed with the following prayer: A. Issue a writ, order or direction in the nature of mandamus directing the Sub-Divisional Officer, Tehsil Syana, District Bulandshahr (respondent no. 3) to act as per provision of the Section 23 of the Uttar Pradesh Revenue Code 2006 and restore/repair/replace the proper boundary mark pursuant to the final decree passed by the Sub-Divisional Officer, Syana dated 02.08.2022, under proceeding as contained under Section 116 of the Uttar Pradesh Revenue Code, 2006 in respect of division of holding.

¶3Learned Standing Counsel has raised a preliminary objection that the petitioner has not given any application as per the provisions of Section 23 of U.P. Revenue Code, 2006 and the applications which are annexed along with writ petition are addressed to Chief Minister or to the Sub Divisional Magistrate concerned in his personal capacity.

¶4In view of the above, I am not inclined to entertain the instant petition.

¶5This writ petition is disposed of with liberty to the petitioner to move appropriate application under Section 23 of U.P. Revenue Code, 2006.

¶6In case, the petitioner moves such an application before appropriate authority, the same shall be decided expeditiously after hearing all the concerned parties in accordance with law. Order Date :- 22.11.2023 Ved Prakash (Manish Kumar Nigam, J.) High Court of Judicature at Allahabad