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2025 DAILYLAW 127238 (ALL)

SYEDA ASNA RASHEEDI AND 2 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. REVENUE LKO. AND 7 OTHERS

WRIC/2336/2025 · 2025-03-20

Om Prakash Shukla, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:16107-DB Court No. - 2 Case :- WRIT - C No. - 2336 of 2025 Petitioner :- Syeda Asna Rasheedi And 2 Others Respondent :- State Of U.P. Thru. Addl. Chief Secy. Revenue Lko. And 7 Others Counsel for Petitioner :- Ashid Ali,Mohammad Kashif,Mohd. Shameem Khan Counsel for Respondent :- C.S.C.,Mohd. Ateeq Khan Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. Heard. The Sub-Insepctor, Police Station - Itaunja, Rabindra Pal Verma, has sent written instructions to the effect that permission has been granted by Deputy Commissioner of Police (North), Lucknow for the Urs / Mela. However, the land in question, so far as petitioner's share is concerned, is not being used for organizing the said Urs / Mela. The S.D.M. - opposite party no.5 has sent written instructions to learned Addl. C.S.C. that no permission has been granted for organizing any Urs or Mela on the land bearing Gata nos.224, 226, 227, 232 situated at Nagar Panchayat - Mahona, Tehsil - Bakshi Ka Talab, District - Lucknow. The written instructions is taken on record. Shri Mohd. Ateeq Khan, learned counsel for opposite party no.7 has stated that Nagar Panchyat has also not given permission for organizing any Urs or Mela on the aforesaid Gatas. We fail to understand as to how without partition of the land, the authorities could decide as to on which portion the Urs / Mela is to be held and grant permission. But, considering the fact that the Mela is being organzied since last 95 years, as informed, we do not interfere for the moment but with the caveat that in future, before granting such permission, the right and title in respect of the land should be ascertained, and without the consent of the land owners, such permission should not be granted. As regards, the petitioner, he may initiate proceeding for partition of the said land, and once that is done, then the boundaries of his share would be demarcated and he can seek redressal of his grievance, if there is any cause in future. The writ petition is accordingly disposed of. Shri Raj Bux Singh, learned Additional C.S.C. shall communicate this order to the D.C.P. and the S.D.M. concerned for compliance in future. Order Date :- 20.3.2025 Lokesh Kumar [Om Prakash Shukla, J.] [Rajan Roy, J.] Digitally signed by :- LOKESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench