Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 121606 (ALL)

VISHAMBHAR GAUTAM @ VISHAMBHAR AND OTHERS v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF REVENUE, LUCKNOW AND OTHERS

WRIC/1109/2025 · 2025-02-07

Jaspreet Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:7993 Court No. - 8 Case :- WRIT - C No. - 1109 of 2025 Petitioner :- Vishambhar Gautam @ Vishambhar And Others Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Revenue, Lucknow And Others Counsel for Petitioner :- Dharmendra Singh,Anand Singh Sant Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey Hon'ble Jaspreet Singh,J. Heard learned counsel for the petitioners. Notice on behalf of respondent nos.1 to 6 has been accepted by the office of Chief Standing counsel. Sri Dilip Kumar Pandey learned counsel has accepted notice on behalf of respondent no.7. Under challenge are the order dated 28.09.2024 and 26.09.2024 which have been passed by the State respondent whereby they have declined to entertain the application moved by the petitioners under Section 67-A of the U.P. Revenue Code, 2006. The record indicates that the petitioners stating that they are members of the scheduled caste and they do not have any land hence their construction which have made on the disputed property may be regularized in terms of the Section 67-A of the Code, 2006. A specific query was put to the learned counsel for the petitioners regarding the applications given to the Authorities, whether it was moved on the administrative or on judicial proceedings. It has been informed that the applications were moved before the District Magistrate Hardoi on the administrative side. They had also moved a similar application to the Board of Revenue on the administrative side and in pursuance thereof, the Board had required the authorities to consider the request and inform the party, accordingly. It is in the aforesaid backdrop that the authorities after calling for a report has declined to entertain the application by means of the order dated 28.09.2024. From a perusal of the order dated 28.09.2024, it appears that the same has been sent by the District Magistrate to the Board of Revenue in pursuance of the letters moved by the petitioners including a letter addressed to the Board of Revenue, a copy of which has been brought on record as Annexure-6. In the orders which have been impugned, it has clearly been noticed that there are already judicial proceedings which are going on in respect of the land in question and in this view it was not expedient to consider the claim of the petitioners. Considering the aforesaid, this Court in the facts and circumstances of the case is not inclined to entertain the petition, as neither the details of the judicial proceedings have been brought on record nor it is known that who are the parties in the said proceedings and what is the actual controversy engaging the attention of the concerned court. However, liberty is available to the petitioner to take recourse as may be available to them in law. Since the orders impugned have been passed only at the administrative side and the rights or plea of the petitioners has not been examined on merits by any Authority nor by this Court. With the aforesaid observations, the petition is dismissed. Order Date :- 7.2.2025 Harshita Digitally signed by :- HARSHITA High Court of Judicature at Allahabad, Lucknow Bench