SABHAJEET AND 3 OTHERS v. STATE OF U.P. THRU. SECY. DEPTT. OF REVENUE LKO AND 4 OTHERS
/7186/2023 · 2025-09-23
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 155766 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 155766 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 7186 of 2023 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J.
HON'BLE BRIJ RAJ SINGH, J.
1. Heard learned Counsel for the petitioners, learned Standing Counsel for the State Respondents and learned Counsel appearing on behalf of the respondent no.5. 2. This petition has been filed challenging the order dated 21.02.2013 passed by the Commissioner, Faizabad Division, Faizabad/ Ayodhya, exercising power under Section 117(6) of the U.P. Zamindari Abolition and Land Reforms Act in respect of Village Abadi on plot no.364 situated in Village Salahpur Rajor, Tehsil- Tanda, District Ambedkar Nagar, in pursuance of the power delegated to him by the State Government by its order dated 19.04.2010. 3. It has been submitted that house of the petitioners and the land appurtenant to it is situated in abadi plot no.364 ga and such house existed much prior to the date of vesting i.e. before 01.07.1952, and therefore, shall be deemed to have been settled to ancestors of the petitioners under Section 9 of the U.P. Z.A.&L.R. Act. The respondents cannot now resume the land under Section 117(6) of the Act. 4. When the writ petition was filed, this Court had directed the parties to appear before the Mediation Centre by its order dated 22.08.2023, as in similar Writ Petition bearing Writ-C No.19485 of 2021, the parties had been referred to Mediation. Versus Counsel for Petitioner(s) : Manish Mani Sharma Counsel for Respondent(s) : C.S.C., Atul Kumar Dwivedi Sabhajeet And 3 Others .....Petitioner(s) State Of U.P. Thru. Secy. Deptt. Of Revenue Lko And 4 Others .....Respondent(s)
5. We have heard learned Counsel for the petitioners and learned Counsel for the respondents. 6. It is admitted to the parties that this Court by its judgement and order dated 04.12.2024 passed in Writ-C No.304 of 2021 and connected writ petitions had dismissed the claim of the writ petitioners. 7. Against the aforesaid order dated 04.12.2024, Special Leave to Appeal (C) No.4119 of 2025 and Special Leave Petition (Civil) Diary No.3612 of 2025, were filed and the Supreme Court dismissed them on 17.02.2025 and on 07.04.2025 respectively. 8. It has been submitted by learned Counsel appearing for the respondent no.5 that this case is covered by judgement of this Court dated 04.12.2024 passed in Writ-C No.304 of 2021. 9.
The aforesaid argument has not been disputed by the learned Counsel for the petitioners. 10. Accordingly, the Writ Petition stands dismissed in view of the law laid down by this Court in its judgement and order dated 04.12.2024 in Writ-C No.304 of 2021: Haseena Khatoon and others Vs. State of U.P and others. September 23, 2025 Rahul WRIC No. 7186 of 2023 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- RAHUL TRIPATHI High Court of Judicature at Allahabad, Lucknow Bench