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2025 DAILYLAW 123111 (ALL)

VIJAY PRAKASH NISHAD AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. PANCHAYATI RAJ DEPTT. U.P. LKO. AND 7 OTHERS

WRIC/1449/2025 · 2025-02-13

Om Prakash Shukla, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:9371-DB Court No. - 2 Case :- WRIT - C No. - 1449 of 2025 Petitioner :- Vijay Prakash Nishad And 3 Others Respondent :- State Of U.P. Thru. Prin. Secy. Panchayati Raj Deptt. U.P. Lko. And 7 Others Counsel for Petitioner :- Pankaj Kumar Verma Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. Heard learned counsel for the petitioners as also the learned Addl. C.S.C. for the State and perused the record. By means of this petition, the petitioners have sought writ in the nature of Mandamus to the opp. party No. 4/Sub Divisional Magistrate, Tehsil Beekapur, District Ayodhya, for demarcating the land bearing Gata No. 623Mi/0.2530 Hectare, situated at Village Bhairopur Tikra, Tehsil Beekapur, District Ayodhya, under Section 24 of the U.P. Land Revenue Code 2006 and also to provide possession of the land to the petitioners, as it has been leased out to them, within a stipulated time. There is also a prayer for disposal of representation dated 17.1.2025. It is admitted case of the petitioners that they have not been in possession since 1995, when they claim to have been granted patta in respect of the said land and in respect to which they are also recorded as Pattedars. The learned Standing Counsel also, on the basis of instructions, has informed us that the petitioners are not in possession of the land in question. The land is recorded as Category 4-Ka land. There is a writ petition bearing Writ-C No. 3000077 of 1997, Ram Nihor & ors. v. Addl. Commissioner, Faizabad & ors. The father of the opp. party No. 6 to 8 is a party in the said writ petition and there is an order dated 20.5.1995 operating therein to the effect that the petitioners of the said writ petition, including Mata Prasad, shall not be evicted, therefore, it is not possible to get the land demarcated or possession handed over to petitioners. The instructions are taken on record. In view of the aforesaid, relief prayed for cannot be granted as of now. The petitioners may, if they have locus standi and a cause, intervene in the pending writ petition or await its disposal, as the case may be. With these observations, the writ petition is disposed of. (Om Prakash Shukla, J.) (Rajan Roy, J.) Order Date :- 13.2.2025 A.Nigam Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench