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2025 DAILYLAW 128462 (ALL)

SMT. URMILA DEVI v. STATE OF U.P. THRU. COLLECTOR DISTRICT BARABANKI AND 4 OTHERS

WRIC/2636/2025 · 2025-03-24

Om Prakash Shukla, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:16750-DB Court No. - 2 Case :- WRIT - C No. - 2636 of 2025 Petitioner :- Smt. Urmila Devi Respondent :- State Of U.P. Thru. Collector District Barabanki And 4 Others Counsel for Petitioner :- Ram Kumar Verma Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. 1. Heard. 2. The petitioner claims to have an order dated 16.10.1989 settling the land bearing Gata No.838 (0.1960 hectares) situated at Village Badel, Tehsil Nawabganj, District-Barabanki under Section 122-B (4-F) of U.P. Zamindari Abolition and Land Reforms Act, 1950 but the name of the petitioner was never recorded in the revenue record. It is only in January, 2025, she moved an application on which an order dated 30.01.2025 was passed by the Tehsildar, Nawabganj, Barabanki. Learned Standing Counsel for the State says that this order was passed on administrative side without registering any mutation case, therefore, on a complaint, the said order has been withdrawn that too by an administrative order. On being confronted, the petitioner's Counsel could not prove that the facts were otherwise. As the earlier order for mutating the name of the petitioner was an administrative order, which was impermissible, proceedings for recording the name of the petitioner should have been drawn as per the statutes, therefore, if the Tehsildar has withdrawn an illegal order, this Court under Article 226 of the Constitution of India will not interfere in the matter. It is open for the petitioner to claim her rights as per law before the competent authority or court. 3. With the aforesaid observations, the writ petition is disposed of. (Om Prakash Shukla, J.) (Rajan Roy, J.) Order Date :- 24.3.2025 -Piyush- Digitally signed by :- PIYUSH YADAV High Court of Judicature at Allahabad, Lucknow Bench