Allahabad High Court
RAVINDRA SINGH TOMAR AND 5 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The Court held that the petition cannot be entertained further without a fresh application specifying the correct surplus area, and the Tehsildar may correct the order upon such application.
Summary
Petitioners challenged a Tehsildar's order dated 25.08.2026 directing possession of land, contending that the area specified exceeded the surplus land (20.95 acres) determined in ceiling proceedings. They argued that the possession should be limited to the surplus area. The respondents indicated that any ambiguity could be rectified by the Tehsildar if a fresh application is filed within a week. The Court disposed of the writ petition, granting the petitioners liberty to file a fresh application with necessary details, after which the Tehsildar may issue a corrective order. No substantive relief was granted pending the fresh application.
Issues considered
- Whether the Tehsildar's order for possession can be limited to the surplus land declared in ceiling proceedings and whether the petitioners are entitled to relief without filing a fresh application.
Subjects
- writ petition
- land possession
- ceiling surplus
- Tehsildar
- corrective order
- procedural limitation
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 36483 of 2026
Ravindra Singh Tomar And 5 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Prateeyush Kumar Pathak, Sr.
Advocate, Vikram Singh
Counsel for Respondent(s) : C.S.C.
Court No. - 36
HON'BLE SAURABH SHYAM SHAMSHERY, J.
1. Heard Sri H.N. Singh, learned Senior Advocate assisted by Sri Vikram
Singh, learned counsel for petitioners and Sri Prabhakar Tripathi, learned
Standing Counsel for State-Respondents.
2. Petitioners have come up with a case that procedure initiated by
Tehsildar Jalaun vide order dated 25.08.2026 for taking possession of
land would be limited to the land determined surplus in ceiling
proceedings and finalized upto this Court.
3. Learned Senior Advocate for petitioners submits that area mentioned in
impugned order is excess. He also refers that an application is filed before
Tehsildar Jalaun that procedure for possession may be limited only to the
area declared surplus, which is 20.95 acres.
4. Learned Standing Counsel submits that in case there is any ambiguity,
the Tehsildar concerned will take note of it and if any application is
already filed or if filed within a week from today, necessary corrections
will be done.
WRIC No. 36483 of 2026
2
5. In aforesaid circumstances, the writ petition is disposed of with liberty
to petitioners to file a fresh application within a week from today
mentioning all necessary details and serve the same in the office of
Tehsildar Jalaun by way of Dasti. In such event, Tehsildar Jalaun will
look into the matter and if necessary corrective order be passed.
(Saurabh Shyam Shamshery,J.)
September 14, 2026
AK
Digitally signed by :-
AWADESH KUMAR
High Court of Judicature at Allahabad
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