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2025 DAILYLAW 159453 (ALL)

MUNNA LAL AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. /ADDL. CHIEF SECY. DEPTT. OF REVENUE LKO. AND 4 OTHERS

WRIC/8169/2025 · 2025-08-26

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8169 of 2025 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, who appears for the State-respondents, Shri Pankaj Gupta, learned counsel for respondent no.4 i.e. Land Management Committee, Gram Panchayat Bariywan, Tehsil Kunda, District Pratapgarh and perused the record. 2. This writ petition has been filed by petitioners with following main prayer: "(i) A writ, order or direction in the nature of Mandamus commanding the opposite party no.2 to ensure possession over the land situated over Gata no.1396Ka min jumla bearing an area of 0.063 hectare allotted to them through lease deed in this year 2013 (contained as Annexure No.1 to the writ petition)." 3. It has been submitted by learned counsel for the petitioners that the petitioners were granted patta by the Land Management Committee of the Village concerned in 2013 over Gata No.1396Ka/minjumla. The petitioners have been in possession since then over the land and doing agricultural operations. Despite the land being not vacant, new Land Management Committee has allotted fresh patta on the same land to others villagers and now the current Gram Pradhan namely Smt. Rosani Devi and her husband - Dheerendra Saroj are trying to take over possession for the benefit of other villagers. The petitioners have made Versus Counsel for Petitioner(s) : Brijesh Kumar Yadav Counsel for Respondent(s) : C.S.C., Pankaj Gupta Munna Lal And Another .....Petitioner(s) State Of U.P. Thru. Prin. Secy. /Addl. Chief Secy. Deptt. Of Revenue Lko. And 4 Others .....Respondent(s) application to the Sub Divisional Officer concerned, which is pending till date and no heed has been paid thereon, therefore, this writ petition has been filed with the aforesaid prayer. 4. Shri Pankaj Gupta, learned counsel for respondent no.4 on the basis of instructions and on the basis of annexures to the writ petition has stated that Gata No.1396Kha is a huge Gata admeasuring 4.9010 hectare. The petitioners were allotted 0.063 hectare only for agricultural purposes. The petitioners cannot claim entire area as belonging to them. He has also pointed out that the Sub Divisional Officer has approved the Land Management Committee's proposal for grant of agricultural patta to other eligible candidates on 02.01.2025. 5. This writ petition is disposed of with direction to the petitioners to approach appropriate authority, in case, they are aggrieved by the alleged illegal grant of patta to other villagers. August 26, 2025 Anupam S/- WRIC No. 8169 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench