Allahabad High Court
AJAY KUMAR SINGHversusSTATE OF UTTAR PRADESH AND 6 OTHERS
- Decided
- Bench
- VIKRAM D CHAUHAN
Holding
The court held that the alleged incorrect land measurement is a civil matter for the revenue court, not a criminal offence, and therefore dismissed the petition.
Summary
Petitioner Ajay Kumar Singh filed a petition under Article 227 challenging an order of the Additional District & Sessions Judge (Special Judge) under the Essential Commodities Act and an order of the Chief Judicial Magistrate under Section 156(3) of the CrPC that refused registration of an FIR against several government officials. The petitioner alleged that Revenue Inspectors and a Lekhpal had deliberately measured his land incorrectly, constituting offences under Sections 419, 420, 467, 468, 471 and 120‑B IPC. The trial court held the matter to be a civil dispute concerning land measurement and dismissed the application; the revisional court affirmed this view. The High Court observed that the officials were performing a statutory duty and any error in measurement must be remedied in the revenue court, noting no finding of malafide intent. Consequently, the petition was dismissed for lack of merit.
Issues considered
- Whether the alleged incorrect measurement of land by government officials amounts to a criminal offence under the IPC or is a civil dispute to be decided by the revenue court.
- Whether the order of the Chief Judicial Magistrate refusing registration of the FIR under Section 156(3) CrPC can be set aside.
Legislation cited
- Code of Criminal Procedure — s. 156(3)
- Essential Commodities Act
- Indian Penal Code — s. 120-B, 419, 420, 467, 468, 471
Subjects
- Article 227
- Criminal Revision
- Section 156(3) CrPC
- Essential Commodities Act
- Indian Penal Code
- Land Measurement
- Revenue Court
- Civil Dispute
- Malafide Intent
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13630 of 2026
Ajay Kumar Singh
.....Petitioner(s)
Versus
State Of Uttar Pradesh And 6 Others
.....Respondent(s)
Counsel for Petitioner(s) : Shambhavi Nandan
Counsel for Respondent(s) : G.A.
Court No. - 55
HON'BLE VIKRAM D. CHAUHAN, J.
1. Heard learned counsel for petitioner and learned AGA for the State.
2. The petition is filed with the following prayer:
"I- Issue a order or direction to set aside order dated 3-9-2026 passed by
Additional District & Sessions Judge/Special Judge (Essential
Commodities Act), Varanasi in Criminal Revision no-473 of 2024 as well
as order dated 05-8-2024 passed by Chief Judicial Magistrate, Varanasi
in Case no-3795 of 2023 under section-156 (3) of Code of Criminal
Procedure and order for registration of First Information Report against
the respondent no-2 to7."
3. It is submitted by learned counsel for petitioner that initially an
application under Section 156(3) Cr.P.C. was filed for lodging of First
Information Report under Sections 419, 420, 467, 468, 471 and 120-B
IPC on the ground that respondent nos.2 and 3, who are government
servant being Revenue Inspector and Lekhpal have measured the land in
question incorrectly with malafide intention as a result of same the land of
petitioner was not available on the spot. The application for measurement
was given by respondent nos.4 to 7. The trial court has rejected the
application holding that there is civil dispute and respondent nos.2 and 3
are government servant. The revisional court has confirmed the aforesaid
order.
4. It is to be seen that respondent nos.2 and 3 in exercise of statutory duty
have measured the land and if there is mistake in the measurement of land
A227 No. 13630 of 2026
2
then the remedy lies in the revenue court. According to learned counsel
for petitioner, petitioner has already availed the remedy under the revenue
code. The dispute with regard to measurement of land is primarily a civil
dispute. There is no finding of the revenue court that with malafide
intention incorrect measurement has been made. Accordingly, the
criminal prosecution would not be tenable.
5. In view of aforesaid, the petition lacks merit and the same is
dismissed.
(Vikram D. Chauhan,J.)
September 29, 2026
D. Tamang
Digitally signed by :-
DHIRENDRA TAMANG
High Court of Judicature at Allahabad
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