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Allahabad High Court

JIRAWATIversusSTATE OF U.P. AND 12 OTHERS

Decided

Holding

The High Court held that the writ petition is not maintainable as the impugned order is appealable/revisable, and therefore disposed of the petition.

Summary

The petitioner Jirawati filed a writ petition seeking to quash a Sub‑Divisional Magistrate's order dated 10‑12‑2025 that dismissed a review petition filed by Mamta under section 209(Ja) of the Uttar Pradesh Revenue Code, 2006, and to restrain the respondents from interfering with her possession of a land parcel. The respondents raised a preliminary objection that the impugned order is both appealable and revisable, thereby questioning the jurisdiction of the writ court. The High Court, after considering the objection, declined to interfere with the order, holding that the petitioner must pursue the appropriate appellate or revision remedy available under law. Consequently, the writ petition was disposed of, with liberty granted to the petitioner to avail herself of the statutory remedies. The court also ordered the return of certified copies of the petition documents to the petitioner’s counsel.

Issues considered

  • Whether the order of the Sub‑Divisional Magistrate dated 10‑12‑2025 is appealable or revisable, rendering the writ petition inadmissible.
  • Whether the High Court has jurisdiction to grant mandamus to restrain interference with possession of the land.

Legislation cited

Subjects

  • writ petition
  • mandamus
  • review petition
  • U.P. Revenue Code
  • jurisdiction
  • appellate remedy
  • revision

Judgment

                                                   HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                                 WRIT - C No. - 17754 of 2026

                                    Jirawati
                                                                                                            .....Petitioner(s)
                                                                              Versus
                                    State Of U.P. And 12 Others
                                                                                                          .....Respondent(s)

                                    Counsel for Petitioner(s)                   :   Ravi Shanker Pathak
                                    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:-

                                    "i. quash the order dated 10.12.2025 passed by the respondent no. 2, Sub Divisional
                                    Magistrate, Sadar, Jaunpur in Case no. 22803 of 2025 bearing computerized No.-
                                    T202514360422803 in review petition filed by the Mamta under section 209(Ja) under
                                    the U.P. Revenue Code, 2006 (Mamta Versus Jirawati) and confirm the order dated
                                    28.06.2025 passed by the respondent no. 2.
                                    ii. Issue a writ order or direction in the nature of mandamus to restrain the
                                    respondents not to interfere the peaceful possession of the Arazi No. 204 situated at
                                    Village Uttampur, Pargana-Bayalisi, Tehsil- Sadar, and District- Jaunpur."

                                    2. A preliminary objection has been raised by learned Standing Counsel that the order
                                    impugned is appelable as well as 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 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 retaining photocopy of the same on
                                    record.

                                    May 6, 2026
                                    Nitika Sri.
                                                                                                 (Manish Kumar Nigam,J.)




Digitally signed by :-
NITIKA SRIVASTAVA
High Court of Judicature at Allahabad


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