JAYSINGH v. STATE OF U.P. THRU. PRIN. SECY. REVENUE DEPTT. U.P. LKO. AND 6 OTHERS
WRIC/7131/2025 · 2025-08-01
Alok Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 153784 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 153784 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:44612 Court No. - 6 Case :- WRIT - C No. - 7131 of 2025 Petitioner :- Jaysingh Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt. U.P. Lko. And 6 Others Counsel for Petitioner :- Ashish Kumar,Prabhakar Srivastava Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J.
1. Heard Sri Ashish Kumar, learned counsel for petitioner as well as learned Standing Counsel for the State respondent Nos. 1 to 5.
2. In light of the proposed order, notices to private respondents are dispensed with.
3. It has been submitted by learned counsel for petitioner that the dispute in the present case pertains to land situated at Khata No. 464 & 197 in Village Baramau, Pargana Katiyari, Tehsil - Sawayajpur, District Hardoi where the recorded tenure holder namely Ram Avtar died on 13.10.2016 and subsequently private respondents filed a suit for mutation U/S 35 of U.P. Revenue Code before the Tehsildar where the petitioner who claims to be the representative of gaon sabha had filed objections and the Tehsildar recorded that recorded tenure holder have been died intestate, recommending for vesting the property in the State and file thereafter traveled to the SDM who passed suitable
order on the recommendations of the Tehsildar U/S 115 of U.P. Revenue Code vesting the said land in favour of gaon sabha.
4. The respondent Nos. 6 & 7 are claiming mutation of their name on the death of Ram Avtar and had moved an application for recall which has been allowed by means of impugned order dated 08.05.2025. It is noticed that it has been recorded that the
order was passed by Tehsildar on 30.06.2023 without giving opportunity to private respondents and the order was ex-parte and consequently the application for recall was allowed.
5. Apart from the above, this Court finds that the petitioner has no locus to file present writ petition inasmuch as petitioner claims to be representing gaon sabha and does not have any personal interest in the matter.
6. Learned Standing Counsel has also informed this Court that
no such individual can contest on the basis of gaon sabha in light of the provisions contained in Section 72 of U.P. Revenue Code and the petitioner not having been authorized by the gaon sabha does not have any right to contest the said matter.
7. In light of the above and considering the entire material on record, this Court is of the considered view that there is no infirmity in the impugned order dated 08.05.2025 where it is evident that orders were passed without giving adequate opportunity of hearing to the petitioner. Apart from the above, this court does not find that the petitioner has any locus to file a fresh petition to challenge the impugned order dated
08.05.2025. Accordingly, the writ petition is bereft of any merits and is dismissed. (Alok Mathur, J.)
Order Date :- 1.8.2025 Ravi/ Digitally signed by :- RAVI SHANKAR SRIVASTAV High Court of Judicature at Allahabad, Lucknow Bench