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2025 DAILYLAW 138965 (ALL)

RAM DULARI v. STATE OF U.P. THRU. ITS PRIN. SECY. LEGISLATIVE ASSEMBLY LKO. AND 2 OTHERS

WRIC/4627/2025 · 2025-05-21

Om Prakash Shukla, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:30170-DB Court No. - 2 Case :- WRIT - C No. - 4627 of 2025 Petitioner :- Ram Dulari Respondent :- State Of U.P. Thru. Its Prin. Secy. Legislative Assembly Lko. And 2 Others Counsel for Petitioner :- Khushbu Tripathi,Rubi Tripathi Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. 1. Heard learned counsel for the petitioner, Shri Abhinav Narain Trivedi, Advocate whose Power on behalf of respondent no.1 is taken on record and learned Standing Counsel for State- respondent nos.2 and 3. 2. The opposite party no.1, has been incorrectly impleaded. The Legislative Assembly of the State has nothing to do with the grievance of the petitioner. 3. The petitioner's husband is alleged to have died in custody of the police. We asked the learned counsel for the petitioner as to whether the death of the husband of the petitioner was a custodial death while in police custody, and if so what is the proof of it, learned counsel for the petitioner referred to some paper cutting, which can hardly be relied to record any finding in this matter. 4. Learned counsel for the petitioner further states that some assurance was given by the Sub Divisional Magistrate, Lucknow that a land would be leased out to the petitioner considering the hardships being faced by the petitioner. 5. Learned Standing Counsel states that earlier no land was available for grant of patta to the petitioner. Subsequently, on enquiry it has been found that the petitioner already has some land in her name measuring 0.3424 hectare on Gata no.1005 situated at Village Maurawa Tehsil Purwa. The petitioner has further executed two sale deeds of two pieces of land, bearing Gata Nos. 893 and 894. On being asked as to under which provision of law patta would be granted to the petitioner, petitioner's counsel was unable to place any such provision. 6. Without proceeding any further, we leave it open for the petitioner to approach the opposite party no.2- District Magistrate, Lucknow, if there is a cause. Apart from it, no other direction can be issued. 7. The writ petition is, accordingly, disposed of. (Om Prakash Shukla, J.)(Rajan Roy, J.) Order Date :- 21.5.2025 Arnima Digitally signed by :- ARNIMA SINGH High Court of Judicature at Allahabad, Lucknow Bench