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2025 DAILYLAW 11994 (ALL)

MUNISH CHANDRA SHARMA v. STATE OF U.P. AND 5 OTHERS

WRIC/2579/2025 · 2025-02-13

Manish Kumar Nigam

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:20268 Court No. - 34 Case :- WRIT - C No. - 2579 of 2025 Petitioner :- Munish Chandra Sharma Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Prabhakar Dwivedi,Santosh Kumar Shukla Counsel for Respondent :- Avinash Chandra Srivastava,C.S.C. Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the record. 2. This petition has been filed for the following relief: "I. Issue a writ, order or direction in the nature of mandamus directing the Respondents Authority to remove the pillar erected by them in the land of the petitioner i.e. Plot NO. 1773m, area 3170 hect. situated at village- Rajaura, Tehsil - Bah, District-Agra and further be directed them not to interfere in the peaceful possession of the petitioner over the land in question i.e. Plot NO. 1773m, area .3170 hect. situated at village- Rajaura, Tehsil - Bah, District-Agra." 3. Contention of the learned counsel for the petitioner is that Khasra No. 1773m is the minzumla number which is recorded as Naveen parti as well as Bhumidhari. The petitioner has purchased the bhumidhari land and constructed a school. Now the respondent authorities have erected a pillar without any proceedings of division under Section 30(2) of U.P. Revenue Code, 2006. 4. Learned Standing Counsel submitted that no useful purpose would be served in keeping this petition pending and the petitioner may move an appropriate application for dividing the minzumla number under Section 30(2) of U.P. Revenue Code, 2006. 5. Accordingly, the writ petition is disposed of with liberty to the petitioner to move an appropriate application under Section 30(2) of U.P. Revenue Code, 2006 and relevant rules made in this regard. 6. In case, such an application is moved by the petitioner within a week, respondent no. 2 is directed to consider and decide the same expeditiously, preferably within a period of eight weeks from the date of production of certified copy of this order after providing opportunity of hearing to all the concerned parties. Order Date :- 13.2.2025/Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad