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2025 DAILYLAW 130829 (ALL)

GOMTI DEVI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS

WRIC/3303/2025 · 2025-04-07

Om Prakash Shukla, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:19432-DB Court No. - 2 Case :- WRIT - C No. - 3303 of 2025 Petitioner :- Gomti Devi Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Petitioner :- Rajan Singh Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. Heard. By means of this petition the petitioner mainly prays for issuance of a writ, order or direction in the nature of Certiorari quashing the impugned order passed by the opp. party No. 3/Sub Divisional Magistrate, Sandila (Annexure-1 to the writ petition). She further prays for issuance of a writ, order or direction in the nature of Mandamus commanding the opp. parties to provide Surplus Land to her. The petitioner admittedly has got death-cum-retirement benefits consequent to the death of her husband, who was a Sub Inspector in the U.P. Police, therefore, her claim for allotment/lease of land under the U.P. Revenue Code 2006 or the erstwhile U.P. Zamindari Abolition & Land Reforms Act 1950 has been declined, as, such leases are to be given to landless labourers etc. Contention of the petitioner is that it is not her right in praesenti, which is being claimed, but the right as existed when her husband was alive, as he was allotted such land declared 'surplus' under the Ceiling Act, but it could not be given to him, as, by the order of the High Court it was found that the land had been declared 'surplus' illegally. Further contention is that had the opp. parties provided another land to the husband of the petitioner, then he would have been in possession thereof, hence this petition. We are unable to accept this contention, considering what has happened in the interregnum. The husband got employed as a Sub Inspector. He died, which is unfortunate, but, after his death the petitioner/his widow is receiving pension, therefore, she is not covered under any of the categories prescribed in law for grant of such lease of land. Under Section 198 of the erstwhile U.P. Zamindari Abolition & Land Reforms Act 1950 persons could be admitted to land as referred therein in the order of preference prescribed therein. Likewise in the order of preference in sections 125 and 126 of U.P. Revenue Code 2006. Object of the provision is to provide agricultural land to landless persons etc., so that they may earn livelihood out of it. The object is not to provide land to those, who may be landless, but may have reasonable means of livelihood, such as pension etc. We, therefore, find no reason to interfere. The writ petition is accordingly disposed of. (Om Prakash Shukla, J.) (Rajan Roy, J.) Order Date :- 7.4.2025 A.Nigam Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench