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2025 DAILYLAW 107588 (ALL)

OM ADITYA v. State of UP AND 5 OTHERS

WRIC/38317/2024 · 2025-05-26

S Q H Rizvi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:90531 Court No. - 34 Case :- WRIT - C No. - 38317 of 2024 Petitioner :- Om Aditya Respondent :- State Of Up And 5 Others Counsel for Petitioner :- Nitin Kumar Rai,Pavan Kumar Singh Counsel for Respondent :- C.S.C.,Pradeep Singh Hon'ble Syed Qamar Hasan Rizvi,J. 1. Heard Shri Pavan Kumar Singh, learned counsel for the petitioner and Shri Awadhesh Kumar Patel, learned Standing Counsel representing the State-respondents No. 1, 2, 3 and 4. 2. By means of the present writ petition the petitioner has prayed for a writ in the nature of mandamus directing the respondent authorities to dispossess the private respondents from Arazi No. 518 situated at village Loosa, Teshil Madihan, District Mirzapur which is a land belonging to the Gram Sabha. The said plot of land has been entered as Navin Parti in the revenue records. 3. Learned Standing Counsel has raised a objection that the petitioner has no locus to press the present writ petition for enforcement of order dated 27.03.2018 passed by the Assistant Collector, First Class/Tehsildar, Madihan, Tehsil Madihan, District Mirzapur in case No. 1/1/1/1/3/22 of 2009 under Section 122B of the U.P.Z.A. & L.R. Act. Contention of the learned Standing Counsel is that the petitioner was not a party to the said proceeding. 4. Taking into consideration the aforesaid fact that the petitioner was not a party to the proceeding in the aforesaid case which was decided in favour of the Gaon Sabha vide order dated 27.03.2018, the petitioner has no locus to pray for a direction regarding the enforcement of the aforesaid order. 5. In view of the aforesaid facts and circumstances of the case, instant writ petition fails and is accordingly dismissed. Order Date :- 27.5.2025 Karan Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad