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Neutral Citation No. - 2025:AHC:42404 Court No. - 34 Case :- WRIT - C No. - 38725 of 2024 Petitioner :- Foolchandra Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Rama Yadav,Tripurari Pal Counsel for Respondent :- C.S.C. Hon'ble Syed Qamar Hasan Rizvi,J.
1. Sri Tripurari Pal, learned counsel for the petitioner and Sri Nandlal Maurya, learned standing counsel for the State- respondents are present. 2. By means of the present writ petition the petitioner has prayed for the following relief:
"I. To issue a writ order or direction in the nature of mandamus commanding and directing to the respondent no. 2 to decide the representation dated 28.08.2024 of the petitioner. (Annexure No. 2) II. To issue order or direction to the concerned authority to take legal action against the respondent no. 3 to 5 in pursuance of application dated 28.08.2024 of the petitioner. III. To issue a writ order or direction to concerned respondent to enquire the matter and measurement of the property."
3. The submission of the learned counsel for the petitioner is that the Sub Divisional Officer, Tehsil-Chayal, District-Kaushambi vide order dated 28.08.2024 directed the concerned Revenue Inspector to demarcate the land of the petitioner, but till date no proceeding for demarcation has been carried out. 4. Learned counsel for the petitioner further submits that the petitioner is the bhumidhar of Arazi No. 899 measuring area 0.0830 hectare and the said land was allotted to the father of the petitioner. After the death of his father, the petitioner's name has been accordingly entered in the revenue record. 5. Learned standing counsel appearing on behalf of the State has opposed the writ petition and submitted that since the petitioner has not preferred any proper application as provided under Section 24 of the U.P. Revenue Code, 2006, the demarcation could not be carried out. 6. Taking into consideration the aforesaid situation, this Court is of
the view that no useful purpose would be served in keeping the writ petition pending. 7. Accordingly, the writ petition is disposed of with the liberty to the petitioner to move an appropriate application as provided under Section 24 of the U.P. Revenue Code, 2006 before the competent authority, within a period of one month from today.
In case if the aforesaid application is moved before the concerned Sub Divisional Officer within the aforesaid period of one month, the same shall be considered and disposed of strictly in accordance with law as expeditiously as possible. 8. With the aforesaid directions, the writ petition is disposed of . Order Date :- 24.3.2025 Arif Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad