Allahabad High Court
OMPAL AND 7 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
The court held that the impugned orders are revisable and therefore the writ petition seeking certiorari and mandamus was dismissed.
Summary
The petitioners Ompal and seven others filed a writ petition challenging two orders that removed their names from the khatauni of a property: one dated 29‑08‑2025 by the Additional Commissioner (Administration) and another dated 28‑07‑2023 by the Sub‑Divisional Officer under section 38(2) of the U.P. Revenue Code, 2006. They sought certiorari to quash the orders and mandamus directing the correction of the khatauni to record them as bhumihdar. The learned Standing Counsel raised a preliminary objection that the impugned orders are revisable, not reviewable by a writ. The High Court, after considering the objection, declined to interfere, holding that the orders are subject to revision and therefore the writ petition cannot be entertained. Consequently, the petition was disposed, with liberty granted to the petitioners to pursue the appropriate revision remedy. Certified copies of the documents were ordered to be returned to counsel.
Issues considered
- Whether the order removing the petitioners' names from the khatauni under section 38(2) of the U.P. Revenue Code, 2006 is amenable to quashal by a writ of certiorari.
- Whether a writ of mandamus can be issued directing the Sub‑Divisional Officer to correct the khatauni and record the petitioners as bhumihdar.
- Whether the impugned orders are revisable, rendering the writ petition non‑maintainable before the High Court.
Legislation cited
- U.P. Revenue Code, 2006 — s. 38(2)
Subjects
- khatauni
- U.P. Revenue Code
- section 38(2)
- certiorari
- mandamus
- revision
- property rights
- writ petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 16413 of 2026
Ompal And 7 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Dev Kant Trigunait
Counsel for Respondent(s) : C.S.C., Kaushal Kishore Mani
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 quashing
the impugned judgment and order dated 29.08.2025 passed by the
respondent No.2 (Additional Commissioner (Administration), Saharanpur
Division, Saharanpur) in Appeal No. 205 of 2024 (State of Uttar Pradesh
Versus Ompal and others) and also the judgment and order dated
28.07.2023 passed by the respondent No.3 (Sub Divisional Officer, Tehsil
Sadar, District Muzaffar Nagar) in case no. 6224 of 2022(State of Uttar
Pradesh Versus Ompal and others) under section 38(2) of the U. P.
Revenue Code, 2006 by which the name of the recorded tenure holders
(petitioners) have been removed from the khatauni of the property in
question, so that, justice may be done.
B. Issue a writ, order or direction in the nature of mandamus
commanding and directing the respondent No.3 (Sub Divisional Officer,
Tehsil Sadar, District Muzaffar Nagar) to correct the khatuni of property
in question and the same may be recorded as bhumihdar with
transferable rights (1Ka) in place of pond."
2. A preliminary objection has been raised by learned Standing Counsel
that the order impugned is revisable.
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
WRIC No. 16413 of 2026
2
petitioners to avail the remedy as available to them under the law.
5. Office is directed to return the certified copies of the documents
annexed with the petition to learned counsel for the petitioners after
retaining photocopy of the same on record.
(Manish Kumar Nigam,J.)
May 6, 2026
Nitika Sri.
Digitally signed by :-
NITIKA SRIVASTAVA
High Court of Judicature at Allahabad
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