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2025 DAILYLAW 112685 (ALL)

SHIVANK GUPTA v. STATE OF U.P. AND 5 OTHERS

WRIC/42854/2024 · 2025-05-20

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:85919 Court No. - 35 Case :- WRIT - C No. - 42854 of 2024 Petitioner :- Shivank Gupta Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Mohd Haleem,Nishi Sengar Counsel for Respondent :- C.S.C.,Krishna Kant Singh,Vibhanshu Vaibhav Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the record. 2. This writ petition has been filed for following reliefs:- "I. Issue a writ, order or direction in the nature of Mandamus directing the respondent no.3 to correct the entries in the revenue record and mention the name of the petitioner after deleting the name of respondent no. 6 in respect of Plot no.301 (Old no.239), 316 (Old no.240), 302 (Old no.257), 303 (Old No.258), 304 (Old no.241), 307 (Old no.240) situated in village Alumpur, Pargana and Tehsil Koil, District Aligarh as provided under the provision of Section 38 of U.P. Revenue Code, 2006. II. Issue a writ, order or direction in the nature of Mandamus directing the respondents not to demolish/dispossess the petitioner from the Plot no.301 (Old no.239), 316 (Old no.240), 302 (Old no.257), 303 (Old No.258), 304 (Old no.241), 307 (Old no.240) situated in village Alumpur, Pargana and Tehsil Koil, District Aligarh." 3. Contention of learned counsel for the petitioner is that petitioner has moved an application in the year 2023 for correction of revenue entries. 4. Learned Standing Counsel as well as counsel appearing for Nagar Nigam -respondent No. 6 have submitted that the petitioner may move an appropriate application under Section 38 of the U.P. Revenue Code, 2006 for correction of revenue records. 5. Accordingly, the writ petition is disposed of with liberty to the petitioner to move an appropriate application under Section 38 of the U.P. Revenue Code, 2006 read with corresponding Rules, within two weeks from today. In case, such an application is filed the same shall be considered and decided by respondent No. 3- Sub Divisional Magistrate, Koil, District- Aligarh expeditiously, preferably within a period of six months thereafter, after giving opportunity of hearing to the parties concerned and without granting unnecessary adjournments to either of the parties provided there is no other legal impediment. Order Date :- 21.5.2025 Priya Digitally signed by :- PRIYA KUSHWAHA High Court of Judicature at Allahabad