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IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
SANGEETA CHANDRA, AMITABH KUMAR RAI
Sufiyakhatoon – Appellant
Versus
State of U.P. Thru. Prin. Secy. Rural Deptt. Lko. – Respondent
JUDGMENT :
Amitabh Kumar Rai, J.
1. Heard Shri Sudeep Seth, learned Senior Advocate assisted by Shri Mohd. Hayan Hasan, learned counsel for the petitioners, Shri Ram Kumar Singh, learned counsel for the Nagar Panchayat and Shri Prakhar Mishra, learned Additional Chief Standing Counsel appearing for the State-Respondent.
2. This writ petition has been filed by the petitioners with the following main prayers :
"(i) To issue a writ, order or directions in the nature of certiorari quashing the impugned order dated 6.8.2024 passed by the opposite party no.5/ Executive Officer, Nagar Panchayat, Belhara, District Barabanki contained in Annexure-1 to the writ petition.
(ii) To issue a writ, order or directions in the nature of Mandamus commanding the respondents especially the officials respondents no.2,3,4,5 and 8 to restore the possession of the land in question bearing Gata No.807 (old Gata no.1023) in favour of the petitioners and further not to change nature of property or make any kind of construction on the petitioners land in question Gata No.807 (old Gata no.1023), and further direct them to remove the board which has been affixed on the land of the petitioner, during the pendency of t
Writ jurisdiction under Article 226 cannot resolve disputed title and possession over land; civil suit is appropriate remedy. Section 23(1)(a) of U.P. Zamindari Act bars recognition of post-1948 tran....
Writ jurisdiction is inappropriate for adjudicating disputes regarding property titles; such matters should be resolved through civil courts.
The judgment emphasizes the importance of continuous rent receipts and evidence of possession in validating land settlements under the Bihar Land Reforms Act, 1950. It also highlights the significanc....
The court held that property ownership disputes must be resolved in civil courts rather than through writ proceedings when title questions are contested.
The main legal point established is the finality of litigation and the legal certainty conferred by the judgment and decree in favor of the petitioner, along with the award from the Permanent Lok Ada....
Right to claim title on basis of adverse possession - Any entry made on basis of adverse possession same was to be communicated to person concerned and person claiming is required to prove that it wa....
Revenue authorities lack jurisdiction to determine land title disputes, which must be settled in civil courts, rendering related appeals maintainable under proper legal challenges.
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