Sanjay Yadav v. Gram Sabha & others). The said restoration application has been filed by Sanjay Y

2. Taking into consideration the averments made in the affidavit filed in support of the application for impleadment, the application is allowed. The applicant is impleaded as respondent no. 4 in the writ petition.

3. Learned counsel for the petitioner is permitted to carry out necessary amendment / impleadment during course of the day. Order on Writ Petition

1. By means of the present writ petition the petitioner has prayed for a writ in the nature of mandamus directing the respondents to comply with the order dated 13.07.2017 passed by the respondent no. 2 pertaining to the measurement / demarcation of the land bearing Arazi No. 38 having an area of 0.0450 hectare situated at village Rasoolpur, Pargana & Tehsil- Mohammadabad Gohna, District Mau.

2. This Court vide order dated 08.05.2025 directed the Tehsildar Mohammadabad Gohna, District Mau to appear in person along with the complete record to assist the Court in the matter.

3. In compliance of the Court's order dated 08.05.2025, Sri Ajeet Kumar Singh presently posted as Tehsildar, Tehsil Mohammadabad Gohna, District Mau, is present in the Court today along with the relevant records.

4. A personal affidavit of the Tehsildar, Mau dated 12.05.2025 has been filed in the Court today. The same is taken on record.

5. In paragraph 6 of the said personal affidavit, it has been stated that for the purpose of demarcation in respect of plot bearing Gata No. 38, Area 0.450 hectare situated at village Rasoolpur, a revenue team conducted a spot inspection and by fixing permanent point (Sihadda) of the village concerned. The demarcation was carried out by the revenue team and found several faults in the field book and demarcation report. The revenue inspector prepared a report dated 11.05.2025. Paragraphs 6, 7, 8, 9 and 10 are quoted as under: “6. That for the demarcation of the aforesaid Gata No. 38, Area 0.450 Hectare, situates in Village-Rasoolpur, Pargana and Tehsil-Mohammadabad Gohna, District Mau, the revenue team reached on the spot. At the very outset, the instruments relating to the demarcation were inquired into and thereafter permanent point (Sihadda) of the village concerned was search for demarcation, but during the proceeding of demarcation conducted by the Revenue Inspector, the present Revenue Inspector found that there are several faults in the field book and demarcation report and in this regard a report of the Revenue Inspector, prepared on 11.05.2025. True copy of the report of the Revenue Inspector dated 11.05.2025 is being filed herewith and marked as Annexure No. PA.2 to this Personal Affidavit.

7. That as per above report of the Revenue Inspector, dated 11.05.2025, the measurement of Field Book, measurement of revenue map, annexed along with the file and the measurement of Bandobast revenue map, are as follows: Measurement of Field Book Measurement of revenue map annexed with the file of the petitioner under Section 24 of the U.P. Revenue Code, 2006 Measurement of Bandobasti revenue 1 AB=890 Kadi BC=370 Kadi CD=275 Kadi AD=750 Kadi DN=640 Kadi NM=145 Kadi MK=170 Kadi KH=90 Kadi GH=160 Kadi GF=100 Kadi 2 AB=900 Kadi BC=370 Kadi DC=280 Kadi AB=770 Kadi DN=650 Kadi NM=150 Kadi MK=170 Kadi KH=90 Kadi GH=100 Kadi GF=100 Kadi 3 AB=920 Kadi BC=390 Kadi CD=280 Kadi AD=780 Kadi DN=660 Kadi NM=160 Kadi MK=180 Kadi KH=90 Kadi GH=170 Kadi GF=100 Kadi 2 of 3 FE=110 Kadi EC=70 Kadi CG=120 Kadi DK=415 Kadi FE=110 Kadi EC=70 Kadi CG=120 Kadi DK=420 Kadi FE=120 Kadi EC=80 Kadi CG=110 Kadi DK=430 Kadi AN=1230 Kadi AN=1250 Kadi AN=1280 Kadi

8. That, as such, there is difference between Field Book and the Bandobasti Revenue Map, which is to be considered.

9. That it is also relevant to mention here that at the sides of the aforesaid Arazi covered with Abadi, due to this very reason, it is not possible to bring Jarib for mapping the spot, due to which also a difficulty may arise.

10. That it is also relevant to mention here that in the Arazi No. 38, Area 0.450 Hectare of Village-Rasoolpur in the case No. T2017155156041446, filed before the Sub Divisional Magistrate, the measurement (distance) shown in the Field Book and in measurement of distance in the revenue map, a difference has been found and the Field Book is not analogues to the revenue map.”

6. It has been brought to the notice of the Court that the order dated 13.07.2017, compliance of which has been sought in the present writ petition is under challenge before the court of Sub Divisional Officer, Tehsil Mohammadabad Gohna, District Mau in restoration case (RST No. 1483/2025), Computerized Case No. T202515510401483 (Sanjay Yadav Vs. Gram Sabha & others). The said restoration application has been filed by Sanjay Yadav (newly impleaded respondent no. 4) and the next date fixed in the said restoration proceeding is 17.05.2025.

7. Taking into consideration the aforesaid facts and circumstances of the case, this Court is of the view that no useful purpose would be served to keep this writ petition pending.

8. Accordingly, the present writ petition is disposed of with a direction to the learned Sub Divisional Officer, Tehsil Mohammadabad Gohna, District Mau to expeditiously decide the said restoration case in accordance with law. It is expected that the said restoration case shall be decide within a period of three months from today. Order Date :- 13.5.2025 Arif 3 of 3 MOHAMMAD ARIF High Court of Judicature at Allahabad

2. Taking into consideration the averments made in the affidavit filed in support of the application for impleadment, the application is allowed. The applicant is impleaded as respondent no. 4 in the writ petition.

3. Learned counsel for the petitioner is permitted to carry out necessary amendment / impleadment during course of the day. Order on Writ Petition

1. By means of the present writ petition the petitioner has prayed for a writ in the nature of mandamus directing the respondents to comply with the order dated 13.07.2017 passed by the respondent no. 2 pertaining to the measurement / demarcation of the land bearing Arazi No. 38 having an area of 0.0450 hectare situated at village Rasoolpur, Pargana & Tehsil- Mohammadabad Gohna, District Mau.

2. This Court vide order dated 08.05.2025 directed the Tehsildar Mohammadabad Gohna, District Mau to appear in person along with the complete record to assist the Court in the matter.

3. In compliance of the Court's order dated 08.05.2025, Sri Ajeet Kumar Singh presently posted as Tehsildar, Tehsil Mohammadabad Gohna, District Mau, is present in the Court today along with the relevant records.

4. A personal affidavit of the Tehsildar, Mau dated 12.05.2025 has been filed in the Court today. The same is taken on record.

5. In paragraph 6 of the said personal affidavit, it has been stated that for the purpose of demarcation in respect of plot bearing Gata No. 38, Area 0.450 hectare situated at village Rasoolpur, a revenue team conducted a spot inspection and by fixing permanent point (Sihadda) of the village concerned. The demarcation was carried out by the revenue team and found several faults in the field book and demarcation report. The revenue inspector prepared a report dated 11.05.2025. Paragraphs 6, 7, 8, 9 and 10 are quoted as under: “6. That for the demarcation of the aforesaid Gata No. 38, Area 0.450 Hectare, situates in Village-Rasoolpur, Pargana and Tehsil-Mohammadabad Gohna, District Mau, the revenue team reached on the spot. At the very outset, the instruments relating to the demarcation were inquired into and thereafter permanent point (Sihadda) of the village concerned was search for demarcation, but during the proceeding of demarcation conducted by the Revenue Inspector, the present Revenue Inspector found that there are several faults in the field book and demarcation report and in this regard a report of the Revenue Inspector, prepared on 11.05.2025. True copy of the report of the Revenue Inspector dated 11.05.2025 is being filed herewith and marked as Annexure No. PA.2 to this Personal Affidavit.

7. That as per above report of the Revenue Inspector, dated 11.05.2025, the measurement of Field Book, measurement of revenue map, annexed along with the file and the measurement of Bandobast revenue map, are as follows: Measurement of Field Book Measurement of revenue map annexed with the file of the petitioner under Section 24 of the U.P. Revenue Code, 2006 Measurement of Bandobasti revenue 1 AB=890 Kadi BC=370 Kadi CD=275 Kadi AD=750 Kadi DN=640 Kadi NM=145 Kadi MK=170 Kadi KH=90 Kadi GH=160 Kadi GF=100 Kadi 2 AB=900 Kadi BC=370 Kadi DC=280 Kadi AB=770 Kadi DN=650 Kadi NM=150 Kadi MK=170 Kadi KH=90 Kadi GH=100 Kadi GF=100 Kadi 3 AB=920 Kadi BC=390 Kadi CD=280 Kadi AD=780 Kadi DN=660 Kadi NM=160 Kadi MK=180 Kadi KH=90 Kadi GH=170 Kadi GF=100 Kadi 2 of 3 FE=110 Kadi EC=70 Kadi CG=120 Kadi DK=415 Kadi FE=110 Kadi EC=70 Kadi CG=120 Kadi DK=420 Kadi FE=120 Kadi EC=80 Kadi CG=110 Kadi DK=430 Kadi AN=1230 Kadi AN=1250 Kadi AN=1280 Kadi

8. That, as such, there is difference between Field Book and the Bandobasti Revenue Map, which is to be considered.

9. That it is also relevant to mention here that at the sides of the aforesaid Arazi covered with Abadi, due to this very reason, it is not possible to bring Jarib for mapping the spot, due to which also a difficulty may arise.

10. That it is also relevant to mention here that in the Arazi No. 38, Area 0.450 Hectare of Village-Rasoolpur in the case No. T2017155156041446, filed before the Sub Divisional Magistrate, the measurement (distance) shown in the Field Book and in measurement of distance in the revenue map, a difference has been found and the Field Book is not analogues to the revenue map.”

6. It has been brought to the notice of the Court that the order dated 13.07.2017, compliance of which has been sought in the present writ petition is under challenge before the court of Sub Divisional Officer, Tehsil Mohammadabad Gohna, District Mau in restoration case (RST No. 1483/2025), Computerized Case No. T202515510401483 (Sanjay Yadav Vs. Gram Sabha & others). The said restoration application has been filed by Sanjay Yadav (newly impleaded respondent no. 4) and the next date fixed in the said restoration proceeding is 17.05.2025.

7. Taking into consideration the aforesaid facts and circumstances of the case, this Court is of the view that no useful purpose would be served to keep this writ petition pending.

8. Accordingly, the present writ petition is disposed of with a direction to the learned Sub Divisional Officer, Tehsil Mohammadabad Gohna, District Mau to expeditiously decide the said restoration case in accordance with law. It is expected that the said restoration case shall be decide within a period of three months from today. Order Date :- 13.5.2025 Arif 3 of 3 MOHAMMAD ARIF High Court of Judicature at Allahabad