Allahabad High Court
RAJNATHversusSTATE OF UTTAR PRADESH AND 7 OTHERS
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
The petition is dismissed because the order is appealable under Section 24(4) of the Uttar Pradesh Revenue Code, 2006.
Summary
The petitioner sought a writ of certiorari to quash an order dated 26‑09‑2025 issued by the Sub‑Divisional Officer, Tehsil Kerakat, under Section 209(J) of the Uttar Pradesh Revenue Code, 2005, and also requested an interim mandamus to prevent any interference with his peaceful possession of land. The respondents raised a preliminary objection that the impugned order is appealable under Section 24(4) of the Uttar Pradesh Revenue Code, 2006. The Court held that the preliminary objection barred the writ jurisdiction and therefore declined to interfere. Consequently, the petition was disposed, with liberty to the petitioner to pursue the statutory appeal available under the Revenue Code. The Court ordered the return of certified copies of the petition documents to the petitioner’s counsel.
Issues considered
- Whether the order dated 26‑09‑2025 is amenable to writ jurisdiction or is appealable under Section 24(4) of the Uttar Pradesh Revenue Code, 2006.
Legislation cited
- Uttar Pradesh Revenue Code, 2005 — s. 209(J)
- Uttar Pradesh Revenue Code, 2006 — s. 24(4)
Subjects
- certiorari
- mandamus
- revenue code
- land possession
- appellate jurisdiction
- preliminary objection
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 15373 of 2026
Rajnath
.....Petitioner(s)
Versus
State Of Uttar Pradesh And 7 Others
.....Respondent(s)
Counsel for Petitioner(s) : Dinesh Kumar Yadav, Kamlesh Kumar
Mishra
Counsel for Respondent(s) : Bhupendra Kumar Tripathi, C.S.C.
Court No. - 36
HON'BLE MANISH KUMAR NIGAM, J.
1. This petition has been filed for the following relief:
"(a) Issue a writ, order or direction in the nature of certiorari for
quashing the impugned order dated 26.09.2025 passed by Respondent
No.3, Sub Divisional Officer, Tehsil Kerakat, District Jaunpur in Case
No. RST/2885/2025, Computerized Case No. T202514360502885
(Bhullan Vs. Gram Sabha & Others) under Section 209 (J) of Uttar
Pradesh Revenue Code, 2005
(b) Issue a writ, order or direction in the nature of ad-interim mandamus,
commanding and directing the authority concern could not interfere with
the peaceful possession in land-in-question and enjoyment of the
petitioner in any way."
2. A preliminary objection has been raised by learned Standing Counsel
that order impugned is appealable under Section 24(4) of the U.P.
Revenue Code, 2006.
3. In view of above, I am not inclined to interfere in the matter.
4. Accordingly, the writ petition is disposed of with liberty to the
petitioner to avail the remedy as available to him under the law.
5. Office is directed to return the certified copies of the documents
annexed with the petition to learned counsel for the petitioner after
WRIC No. 15373 of 2026
2
retaining photocopy of the same on record.
(Manish Kumar Nigam,J.)
April 23, 2026
Nitika Sri.
Digitally signed by :-
NITIKA SRIVASTAVA
High Court of Judicature at Allahabad
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