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2025 DAILYLAW 162487 (ALL)

GEETA KUMARI MANDAL v. STATE OF U.P. THRU. PRIN. SECY. REVENUE LKO. AND 4 OTHERS

WRIC/8866/2025 · 2025-09-11

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8866 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned counsel for the petitioner, learned Standing Counsel for the State-respondents and Sri Vinod Kumar Singh, learned counsel for respondent no.5. 2. This petition has been filed with the following main prayer:- "(i) Issue a writ, order or direction in the nature of Mandmus to directing the Opposite party no-3 and 4 to pay the loan amount of 3,45,000/- which is taken by deceased Gaya Prasad and direct the Opposite party No-5 to recover the said amount from rest land of Land Khasra No-99 area 0.945 Hectare Situated at Village Pahadpur Pargana & Tehsil Malihabad District Lucknow and also direct the Opposite Party No-2 to mutate the name of Petitioner in revenue record of Land Khasra No-99 area 0.945 Hectare Situated at Village Pahadpur Pargana & Tehsil Malihabad District Lucknow and also make suitable action against the Opposite party No-5 for their inaction for not entering loan entry in khatauni for 13 years." 3. It is the case of the petitioner that she had bought certain land from one Gaya Prasad out of Gata no.99, area 0945 hectare situated at Village Pahadpur, Pargana and Tehsil Malihabad, District Lucknow. The petitioner had advanced certain payments to Gaya Prasad as he had informed her that he had taken loan from Aryawart Bank, Branch Malihabad, District Lucknow and Gaya Prasad paid the same to Aryawart Bank and then executed the Sale Deed in favour of the petitioner on 10.6.2024. The Versus Counsel for Petitioner(s) : Prem Narayan Tiwari, Abhilash Mishra, Shyamendra Singh, Tej Singh Counsel for Respondent(s) : C.S.C., Vinod Kumar Singh Geeta Kumari Mandal .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Revenue Lko. And 4 Others .....Respondent(s) petitioner applied for mutation of her name in the revenue records. After filing of the said case, U.P. Sahkari Gram Vikas Bank Ltd., Malihabad Branch, Lucknow, respondent no.5, sent a letter to the Tehsildar, Malihabad, Lucknow, saying that the land of Gata no.99, area 0.945 hectare is mortgaged with U.P. Sahkari Gram Vikas Bank Ltd., Malihabad Branch, Lucknow. On the basis of such letter sent to the Tehsildar, Malihabad, Lucknow, the land bought by the petitioner has not been mutated in her favour. 4. Learned Standing Counsel, on the basis of instructions sent by the Tehsildar, Malihabad, Lucknow, states that the Mutation Case no.T202410460102712 filed under Section 34 of the U.P. Revenue Code, has been dismissed on 15.7.2025 as the land in question was already mortgaged with U.P. Sahkari Gram Vikas Bank Ltd., Malihabad Branch, Lucknow. The said instructions are kept on record. 5. Now, learned counsel for the petitioner has argued that it is the negligence on the part of U.P. Sahkari Gram Vikas Bank Ltd., Malihabad Branch, Lucknow and its Manager in not informing the revenue officials that the land of Gata No.99, area 0.945 hectare is mortgaged with them by the previous owner Gaya Prasad. 6. We do not find any good ground to grant any relief in this writ petition. It is accordingly dismissed as misconceived. September 11, 2025 Sachin WRIC No. 8866 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench