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2025 DAILYLAW 104722 (ALL)

SMT JASVIRI v. State of UP AND 2 OTHERS

WRIC/34668/2024 · 2025-02-13

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:21733 Court No. - 34 Case :- WRIT - C No. - 34668 of 2024 Petitioner :- Smt Jasviri Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Ashok Kumar Pandey Counsel for Respondent :- C.S.C.,Sunil Kumar Singh Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the record. 2. The instant petition has been filed for the following relief: "I. Issue a writ, order or direction in the nature of mandamus commanding the respondent no.2 to recorded as Buhmidhari of Transferable right form Khasara No. 424 and Khasara No. 427 situates at village Pirbiyabani, Sanota, Tehsil Sikandrabad, District Bulandshahar with a time bound manner which to be fixed by this Hon'ble Court. II. Issue a writ, order or direction in the nature of mandamus commanding the respondent no.2 to decide application dated 01.04.2024 and 28.08.2024 filed by petitioner." 3. Contention of learned counsel for the petitioner is that the petitioner is a bhumidhar with non-transferable rights and has completed the statutory period therefore is entitled to be conferred with transferable rights. In this regard, he has already moved an application on 28.08.2024 but the same has not been decided. 4. Learned Standing Counsel has submitted that no useful purpose would be served in keeping this petition pending and the respondent no.2 may be directed to decide the representation of the petitioner. 5. In view of the same, the writ petition is disposed of with a direction to respondent no.2 to consider and decide the claim of the petitioner for conferment of transferable rights and to decide the representation of the petitioner within a period of twelve weeks from the date of production of a certified copy of this order after giving opportunity of hearing to the parties concerned provided that there is no other legal impediment. Order Date :- 14.2.2025 S. Singh (Manish Kumar Nigam, J.) Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad