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2025 DAILYLAW 100634 (ALL)

RATAN AND ANOTHER v. STATE OF UP AND 4 OTHERS

WRIC/34105/2025 · 2025-09-24

Rohit Ranjan Agarwal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 34105 of 2025 Court No. - 33 HON'BLE ROHIT RANJAN AGARWAL, J. 1. Petitioners, before this Court, claim that they were allotted land in question way back in the year 1991 along with other persons after valid resolution was passed by Land Management Committee in the year 1990 with the approval of Sub Divisional Magistrate, Gautam Budh Nagar on 03.09.1991. 2. Proceedings for cancellation of allotment was initiated at the behest of Greater Noida. The allotment so made was cancelled, against which, the petitioners along with other allottees had preferred a revision which was dismissed. Petitioners along with other 5 persons filed Writ-C No.51999 of 2008 which was allowed by the Co-ordinate Bench of this Court vide order dated 03.04.2019 setting aside the cancellation order as well as revisional order. 3. According to petitioner, after the writ petition was allowed, name of the petitioners was mutated in the revenue records, but the proceedings under Section 104/105 of U.P. Revenue Code, 2006 were initiated by father of respondent no.5, Hansraj. Petitioners, after coming to know about the said facts, had filed counterclaim/written statement, which is pending consideration. 4. This writ petition has been filed with the following prayers:- "i) issue a writ, order or direction in the nature mandamus commanding and directing to the respondent No.3 to decide the counter claim filed by the petitioner in Case No.12583 of 2024 Computer Case No.T202411270112583 (Siddharth Vs. State of U.P.) within stipulated Versus Counsel for Petitioner(s) : Krishna Kant Mishra, Vivek Shukla Counsel for Respondent(s) : C.S.C. Ratan And Another .....Petitioner(s) State Of Up And 4 Others .....Respondent(s) period of time in the light of Hon'ble court order Dated 03.04.2019. ii) issue a writ, order or direction in the nature of mandamus directing to the respondents authority to take appropriate action against the respondent No.5/Siddharth Dev son of Hansraj, Resident of Village Surajpur, Pargana Dadari, Tehsil-Sadar, District-Gautam Budh Nagar who is the Bhu Mafiya of the District-Gautam Budh Nagar for the interest of public in large." 5. Learned counsel for the petitioners submit that objections so filed by the petitioners be decided in the light of judgment of Co-ordinate Bench of this Court dated 03.04.2019, expeditiously. 6. As no useful purpose would be served in keeping the matter pending, or calling for counter affidavit, the writ petition is being disposed of requiring the revenue authorities to proceed with the matter filed under Section 104/105 of U.P. Revenue Code, 2006 by private respondents and conclude the same strictly in accordance with law, after hearing all the affected parties and considering the counterclaim/written statement filed by the petitioners, preferably within a period of two months from the date of production of certified copy of this order. 7. With the aforesaid direction, present writ petition stands disposed of. September 25, 2025 SK Goswami WRIC No. 34105 of 2025 2 (Rohit Ranjan Agarwal,J.) Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad