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Allahabad High Court

MUKHTIYAR HAIDER RIZVIversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The writ petition is dismissed because the petitioner has not filed a proper application under Section 24 of the U.P. Revenue Code, 2006.

Summary

The petitioner, Mukhtiyar Haider Rizvi, filed a writ petition seeking mandamus to compel the State of U.P. and other respondents to dispose of a pending representation and to demarcate a specific parcel of land. The petitioner alleged that an application for demarcation had been filed but no action was taken by the authorities. The State respondents contended that no application complying with the procedural requirements of Section 24 of the Uttar Pradesh Revenue Code, 2006, had been filed. The Court examined the submissions and the record and found that the petitioner had indeed failed to file a proper application under the said statutory provision. Consequently, the Court held that the prayer for mandamus could not be entertained and disposed of the writ petition, directing the petitioner to file a correct application under Section 24 before the appropriate authority.

Issues considered

  • Whether the petitioner is entitled to a writ of mandamus directing the disposal of the pending representation.
  • Whether the petitioner can obtain a writ of mandamus for land demarcation without having filed an application as required by Section 24 of the Uttar Pradesh Revenue Code, 2006.

Legislation cited

Subjects

  • mandamus
  • writ petition
  • land demarcation
  • U.P. Revenue Code
  • procedural requirement
  • representation pending

Judgment

           HIGH COURT OF JUDICATURE AT ALLAHABAD
                        WRIT - C No. - 32312 of 2026

Mukhtiyar Haider Rizvi
                                                           .....Petitioner(s)
                                    Versus

State Of U.P. And 3 Others
                                                           .....Respondent(s)

Counsel for Petitioner(s) : Gaurav Khare, Hemendra Gautam,
                            Rashtrapati Khare
Counsel for Respondent(s) : C.S.C.

Court No. - 37
                   HON'BLE CHANDRA KUMAR RAI, J.

1. Heard learned counsel for the petitioner and Mr. Jitendra Narain
Rai, learned Additional Chief Standing Counsel for the State-
respondents.

2. The instant writ petition has been filed for the following relief:-

     "i. Issue a writ in the nature of mandamus
     commanding and directing the respondents to
     dispose off the representation which is pending
     before him since 13.01.2023 and 13.01.2026.

     ii.   Issue    a   writ   in   the      nature   of   mandamus
     commanding and directing the respondent for the
     demarcation of Land situated in Khevat No. 122
     Khasra No. 816 Rakba 0.24 Hectare which is situated
     in Mauza Mathura Bangar Deeg Gate, Mathura."

3. Learned counsel for the petitioner submitted that application for
demarcation has been filed on behalf of the petitioner but the
authorities have not taken any steps as such authorities be
directed to consider the petitioner's application for demarcation.

4. Mr. Jitendra Narain Rai, learned Additional Chief Standing
Counsel for the State-respondents              submitted that no proper
application for demarcation as prescribed under Section 24 of U.P.
                                                                                         WRIC No. 32312 of 2026
                                                                  2


                                    Revenue Code, 2006 has been filed, as such prayer made in the
                                    instant petition cannot be entertained.

                                    5. I have considered the argument advanced by the learned
                                    counsel for the petitioner, learned Standing Counsel for the State-
                                    respondents and perused the record.

                                    6. The prayer made in the instant petition cannot be entertained as
                                    proper application for demarcation as prescribed under Section 24
                                    of U.P. Revenue Code, 2006 has not been filed by the petitioner.

                                    7. Considering the entire facts and circumstances of the case, the
                                    instant writ petition is finally disposed of with liberty to petitioner to
                                    file proper application under Section 24 of U.P. Revenue Code,
                                    2006 before the appropriate authority, which shall be considered
                                    by the authority concern in accordance with law.

                                    September 24, 2026
                                    PS*

                                                                                   (Chandra Kumar Rai,J.)




Digitally signed by :-
PRITI SHARMA
High Court of Judicature at Allahabad


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