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2025 DAILYLAW 108488 (ALL)

SMT SAROJ v. State of U.P. AND 4 OTHERS

WRIC/39050/2024 · 2025-05-11

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:76677 Court No. - 35 Case :- WRIT - C No. - 39050 of 2024 Petitioner :- Smt Saroj Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Abhinav Pratap Singh,Ram Krishna Singh Counsel for Respondent :- C.S.C.,Sunil Kumar Singh Hon'ble Manish Kumar Nigam,J. Ref: C. M. Impleadment Application No. 2 of 2024 1. Impleadment application is allowed. 2. Learned counsel for the applicant is permitted to incorporate the necessary impleadment in the writ petition. Order on writ petition 1. Case called out in the revised list. Nobody is present on behalf of the petitioner. 2. Heard Shri Sunil Kumar Singh Advocate holding brief of Shri Abhinav Pratap Singh, learned counsel for respondents, learned Standing Counsel for State- respondents and perused the record. 3. This petition has been filed for the following relief: "i) issue, a writ, order or direction in the nature of certiorari for quashing the impugned order dated 10.7.2024 passed by the Up-Ziladhikari, Khurja, Bulandshahr in Case No.7068 of 2024 (Smt. Saroj and others Vs. State of U.P.), U/s 76 of the U.P. Revenue Code, 2006 (Annexure No.2 to this writ petition). ii) issue, a writ, order or direction in the nature of mandamus commanding the respondents concerned not to alienate the land of the petitioner, Gata Nos. 1285 area 0.076 Hect; 1286 area 0.139 Hect; 1288 area 0.228 Hect; 1301 area 0.051 Hect; Lagani Rs. 12.25 situated at Village Kapana, Pargana Jewar, Tehsil Khurja, District Bulandshahr (Annexure No.1 to this writ petition), to the other person." 4. It has been submitted by learned Standing Counsel that the petitioner was granted patta in the year 1999 and after completing statutory period, the petitioner sold the land in dispute to the applicant of impleadment application. By order impugned dated 10.07.2024, the petitioner has been conferred with transferable rights under Section 76 of the U.P. Revenue Code, 2006. The said order is under challenge. It is further submitted by learned counsel for the respondent that in order to defeat the sale deed executed by the petitioner, the said order has been challenged by the petitioner and the petitioner has left with no interest in the property as he has already sold the property. 5. In view of the above, I am not inclined to interfere in the matter. 6. Accordingly, the writ petition is dismissed. Order Date :- 12.5.2025 Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad