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2025 DAILYLAW 166303 (ALL)

PREM NATH AND 5 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. REVENUE AND 3 OTHERS

WRIC/9326/2025 · 2025-09-24

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9326 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J. This petition has been filed with the following prayers :- "issue a writ, order or direction in the nature of mandamus thereby commanding to the opposite party no.2, 3 and 4 to consider the grievance of the petitioners made before them through registered post on 25.07.2025 in accordance to law within specified period of time as expected to be fixed by this Hon'ble Court, in the interest of justice, contained as annexure no.1, to this petition." The counsel for the petitioner submitted that the petitioners are landless labourers of village Agarahwa H/o village Luchuaiya, Pargana Tehsil and District Balrampur. During the proceedings under the U.P. Imposition of Ceiling on Land Holdings Act, 1969 notice was issued to one Ram Pal Singh son of Pateshwari Dutt Singh and certain land was declared surplus against which Ram Pal Singh approached this Court and Court remitted the matter back to the authorities to decide afresh. After decision afresh the land which was declared as surplus has now been held not to be surplus but in the meantime the petitioners who are villagers and who have been allotted such surplus land have been given possession. Now after the order passed in appeal filed by the legal Versus Counsel for Petitioner(s) : Madan Gopal Tripathi, Atma Ram Verma Counsel for Respondent(s) : C.S.C., Pankaj Gupta Prem Nath And 5 Others .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Revenue And 3 Others .....Respondent(s) representatives of Ram Pal Singh the original tenure holder the petitioners have been rendered landless again as the land which was earlier declared surplus has been restored to the original tenure holder and his legal representatives. The petitioners being eligible otherwise for allotment of land have prayed that they have already made representation to the District Magistrate to consider their grievance and to allot appropriate vacant land in their village to them. Learned Standing counsel and Shri Pankaj Gupta have stated that in case the petitioners are eligible and fall in the preferential category as defined under the U.P. Revenue code and the land is vacant in the village concerned, appropriate orders can be passed in this regard by the SDM. A proposal has to be made by the gaon sabha concerned in favour of the petitioner first. This petition is disposed of with the direction to the petitioners to make a fresh representation to the SDM concerned who shall enquire from the gaon sabha and ensure that a proper gram sabha meeting is held by circulation of agenda as per provisions under the Rules and a proposal from the gaon sabha concerned can then be considered. September 24, 2025 mks WRIC No. 9326 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench