MAHAVIR THRU.POWER OF ATTORNEY HOLDER GIRIJESH KUMAR CHAUHAN v. STATE OF U.P. THRU. THE COLLECTOR BARABANKI AND 2 OTHERS
A227/3955/2025 · 2025-07-09
Alok Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 149557 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 149557 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:38973 Court No. - 6 Case :- MATTERS UNDER ARTICLE 227 No. - 3955 of 2025 Petitioner :- Mahavir Thru.Power Of Attorney Holder Girijesh Kumar Chauhan Respondent :- State Of U.P. Thru. The Collector Barabanki And 2 Others Counsel for Petitioner :- In Person Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Alok Mathur,J.
1. Sri Karan Chand Yadav, Advocate has filed vakalatnama on behalf of power of attorney holder of the petitioner, same is taken on record. Learned Standing Counsel has put in appearance on behalf of respondent nos. 1 and 2. Sri Mohan Singh, Advocate has appeared on behalf of respondent no. 3. 2. By means of present writ petition the petitioner has approached this Court seeking a direction to the Sub Divisional Officer, Fatehpur, Barabanki to decide Case/Application filed under Section 38(1) of the U.P. Revenue Code, 2006 with regard to Gata No. 1293 Cha, area 1-518 hectares, situated in Village - Kursi, Pargana - Kursi, District - Barabanki, expeditiously. 4. Learned counsel for petitioner submits that aforesaid land was granted to the father of the petitioner through the Bhudan Yagya Samiti. Subsequently, consolidation operations commenced and said land i.e. Gata No. 1293 was mutated in the name of father of petitioner. Name of petitioner's father continued on the revenue record till 1395 Fasli, but subsequently, same was omitted from the revenue records. Hence, the petitioner filed an application under Section 38(1) of the U.P. Revenue Code, 2006 before the revenue authority, and since then same is pending consideration. 5. It is further submitted that in this regard petitioner gave several reminders to the revenue authorities, but till date no action has been taken. 6. Learned Standing Counsel on the other hand has submitted that the application of the petitioner is pending before the Sub Divisional Magistrate, and same can best be decided by the authority concerned after obtaining relevant reports from the concerned officers. 7. In view of above, the best course available to the petitioner is to move urgency application before the authority concerned for
expeditious disposal of his application. This Court at this stage is not inclined to interfere in the matter. 8.
Accordingly, without entering into merits of the case, the writ petition, is disposed of with a liberty to the petitioner to move an urgency application before the competent authority within two weeks from today and in case such an application is made within the prescribed period, the said authority is directed to proceed to consider and decide the same expeditiously, in accordance with law, and in case he finds force in the application of the petitioner, he shall proceed accordingly. Order Date :- 9.7.2025 A. Verma (Alok Mathur, J.) Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench