KAMLESH ALIAS KAMLESH KUMAR SAROJ v. STATE OF U.P. THRU. PRIN. SECY. REVENUE DEPTT. LKO. AND 2 OTHERS
WRIC/8405/2025 · 2025-09-01
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 160363 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 160363 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8405 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J.
HON'BLE BRIJ RAJ SINGH, J.
1. Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents. 2. This petition has been filed by the petitioner with the following main prayers:-
"a) To issue a writ, order or direction in the nature of mandamus commanding the opposite parties no.1 to 3 to decide early the Petitioner application dated 11/04/2025 sand through registered post to opposite parties no.2 to 3 Kindly give appropriate direction/instructions to the concerned regarding that in view of the injustice done to the petitioner, the above matter should be investigated and the lease should be returned to the applicant and legal action should be taken against the guilty, is being contained as ANNEXURE 1 & 2 to this writ petition."
3. It is the case of the petitioner that he was allotted land bearing Gata no.2589 Minjumla for agricultural purposes. The Ganga Expressway is running adjacent to the said land and the Lekhpal and other revenue officials in connivance with the private persons, had dugout the soil from the said land. Now Gata no.2589 Minjumla has been registered as pond. The petitioner being aggrieved has filed this writ petition. 4. Learned Standing Counsel has produced before this Court the instructions sent by the Sub Divisional Officer, Dalmau, Raebareli, wherein it has been stated that Gata no.2589 Minjumla, area 0.6320 hectare was initially allotted Versus Counsel for Petitioner(s) : Krishna Gopal Counsel for Respondent(s) : C.S.C. Kamlesh Alias Kamlesh Kumar Saroj .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Revenue Deptt. Lko. And 2 Others .....Respondent(s)
to the petitioner on 29.11.1997 for agricultural purposes. The Additional Collector (Administration), Raebareli in Case no.105/2009-2010 has passed an order under Section 198(4) of U.P.Z.A. and L.R. Act on 12.8.2010, cancelling the allotment. The Land Management Committee of the Village concerned has proposed Gata no.2573 Minjumla, area 0.1900 hectare recorded as OOSAR, to be given to the petitioner and the same had been allotted on 15.10.2011 to the petitioner. The Sub Divisional Officer concerned had approved such allotment on 28.11.2011. Gata No.2589 Minjumla is recorded as land belonging to pond. The total land of pond is recorded as 1.3115 hectare out of which, some soil has been dugout for construction of Ganga Expressway.
The petitioner is not the recorded tenure holder of the Gata in question. The soil has been taken out from the land which is recorded as pond in the revenue record. The said instructions are taken on record. 5. No case for interference is made out. 6. The writ petition is dismissed. September 1, 2025 Sachin WRIC No. 8405 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench