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2025 DAILYLAW 117206 (ALL)

SURAJ KUMAR AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. REVENUE, LUCKNOW AND OTHERS

WRIC/369/2025 · 2025-01-20

Jaspreet Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:3232 Court No. - 8 Case :- WRIT - C No. - 369 of 2025 Petitioner :- Suraj Kumar And Another Respondent :- State Of U.P. Thru. Prin. Secy. Revenue, Lucknow And Others Counsel for Petitioner :- Ruby Maurya Counsel for Respondent :- C.S.C.,Pankaj Gupta Hon'ble Jaspreet Singh,J. Heard learned counsel for the petitioners. Notice on behalf of respondent nos. 1 to 3 has been accepted by the office of the learned Chief Standing Counsel. Sri Pankaj Gupta, learned counsel has accepted notice on behalf of respondent no. 4. Under challenge is the order dated 28.09.2002 passed by the respondent no. 2 whereby an order allegedly allotting government land to the petitioner has been set aside. The submission of learned counsel for the petitioners is that they were not aware of the order dated 28.09.2002 and in paragraph 19 of the writ petition, averments have been made explaining the laches, inasmuch as, that the petitioners' possession was disturbed in December, 2024 when the Lekhpal came to the spot and informed that the lease in favour of the petitioners have been cancelled. It is stated that thereafter the petitioners have filed the instant petition assailing the ex-parte order dated 28.09.2002. By means of the impugned order dated 28.09.2002, the Authorities have noticed that the present petitioners were not the ordinary residents of the village in question. It was also noticed that they were minors at the time when the alleged allotment took place and the father of the petitioners was working as a Lekhpal during that time and it is in the aforesaid circumstances the entries have been made regarding the alleged allotment which on the face of record could not have been done in favour of the petitioners. At this stage, the learned counsel for the petitioners submits that he does not wish to press the present petition which is accordingly dismissed as not pressed. Order Date :- 20.1.2025 Asheesh/- Digitally signed by :- ASHEESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench