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2025 DAILYLAW 122094 (ALL)

UDAY BHAN AND OTHERS v. ADDL. COMMISSIONER JUDICIAL, AYODHYA DIVISION, AYODHYA AND OTHERS

WRIC/1284/2025 · 2025-02-19

Jaspreet Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:10699 Court No. - 8 Case :- WRIT - C No. - 1284 of 2025 Petitioner :- Uday Bhan And Others Respondent :- Addl. Commissioner Judicial, Ayodhya Division, Ayodhya And Others Counsel for Petitioner :- Ram Pratap Yadav,Ashish Kumar Shukla Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Jaspreet Singh,J. Heard learned counsel for the petitioners. Notice on behalf of the respondents No.1 to 3 has been accepted by the office of the Chief Standing Counsel. Shri Mohan Singh, learned counsel has accepted notice on behalf of the respondent No.4. Learned standing counsel for the State-respondents has provided a copy of the written instructions for perusal of the Court, which is taken on record. By means of the instant petition, the petitioners seek the following reliefs:- "(i) Issue a writ, order or direction in the nature of certiorari thereby, quashing the impugned order dated 29.09.2001 passed by opposite party No.2, passed in Case No.00929 of 2018, "Dukhna Vs. Gram Panchayat and others", filed under Section 128 of U.P. Revenue Code, 2006 contained as Annexure No.8, further, quashing the impugned order dated 14.10.2024 passed by opposite party No.1, passed in Case No.41 of 2022 "Uday Bhan and others Vs. Murlidhar and others", filed under Section 210 of U.P. Revenue Code, 2006, contained as Annexure No.12, quashing the proposal dated 01.07.2017 for new allotment of patta of Land Management Committee of Gram Panchayat Arwal, Tehsil Baldirai, District Sultanpur as well as quashing the approval dated 21.07.2017 passed by concerned Sub Divisional Officer, in the interest of justice. (ii) Issue a writ, order or direction in the nature of Mandamus commanding and directing the opposite party No.2 and 3 to restore the cancelled patta of the petitioners dated 29.06.1989, in the interest of justice." The submission of the learned counsel for the petitioners is that the father of the petitioners was granted a lease for plantation on 29.06.1989 which was for a period of thirty years. It is further stated that in terms of the said lease, the petitioners (earlier their father) had complied with the terms of the lease and had protected the plantation and looked after of the trees so planted. It is urged that in the year 2017, the Land Management Committee had proposed to grant lease to the private- respondents No.5 and 6 and thereafter the same also got approval by the Sub-Divisional Officer. It is further submitted by the learned counsel for the petitioners that insofar as the private-respondents No.5 and 6 are concerned, they are not entitled for the lease as they do not belong to the lower strata rather they have a licensed pistol in their names. The private-respondents No.5 and 6 are also related to the Village Gram Pradhan and have ample properties and as such they are not entitled for obtaining the agricultural lease. A specific query was put to the learned counsel for the petitioners as to whether the instant petition has been filed in the nature of public interest to which it has been answered by the learned counsel for the petitioners that it is not so. Learned counsel for the petitioners was again put with a query as to whether the petitioners have any subsisting right in the land to which also he answered in negative as the period of lease which was granted initially to the father of the petitioners had already expired. Considering the facts and circumstances that insofar as the present petitioners are concerned, their lease has already come to an end. Thereafter, in case, if the Land Management Committee or the Sub Divisional Officer have granted any lease to any third party, the petitioners in their personal capacity cannot have any grievance as this Court, so far as the writ petition is concerned, can only look into the locus and any right of the petitioners which is alleged to have been infringed as it is an admitted case that the petitioners have no personal right and the petitioners are not affected and the instant petition is not in the nature of public interest coupled with the fact that the lease of the petitioners has already lapsed by efflux of time. For the aforesaid reasons, this Court does not find that there is any merit in this petition, at the behest of the petitioners, consequently, it is dismissed. Order Date :- 19.2.2025 Rakesh/- Digitally signed by :- RAKESH PRAJAPAT High Court of Judicature at Allahabad, Lucknow Bench