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2025 DAILYLAW 172040 (ALL)

JAYMALA AND 4 OTHERS v. STATE OF UTTAR PRADESH AND 3 OTHERS

WRIC/36767/2025 · 2025-10-28

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 36767 of 2025 Court No. - 6 HON'BLE DR. YOGENDRA KUMAR SRIVASTAVA, J. Heard Sri Rajesh Mishra, learned counsel for the petitioners, Sri Abhishek Shukla, learned Additional Chief Standing Counsel appearing for the State-respondents and Sri Sunil Kumar Singh, learned counsel for the respondent-Gram Sabha. The present petition has been filed seeking to raise a challenge to a notice dated 24.04.2025, issued under Section 104/105 of the U.P. Revenue Code, 2006. The principal ground of challenge to the aforesaid notice is based on a contention that in respect of the land in question a declaration had been obtained under Section 80 of the U.P. Revenue Code, 2006 by means of an order dated 16.05.2019, and by virtue of Section 81, as a consequence thereof all restrictions imposed under Chapter IX of the U.P. Revenue Code, 2006 relating to tenures shall cease to apply. It is, therefore, asserted that proceedings are without jurisdiction. The notice bears date 24.04.2025 and till date the petitioners have not filed any objections. In view of the aforesaid, this Court does not deem it appropriate to entertain the writ petition at this stage. Counsel for the petitioner seeks liberty to file his objections before the respondent no.3 in response to the impugned notice. Versus Counsel for Petitioner(s) : Abhishek Srivastava, Rajesh Mishra Counsel for Respondent(s) : C.S.C., Sunil Kumar Singh Jaymala And 4 Others .....Petitioner(s) State Of Uttar Pradesh And 3 Others .....Respondent(s) Upon such objections being filed within a period of two weeks from date, the respondent no.3, the Sub Divisional Magistrate, Tehsil Sardhana, Meerut would be expected to make an endeavour to dispose of the same within a period of four weeks thereafter, provided there is no other legal impediment. The writ petition is accordingly disposed of. October 29, 2025 Imroz WRIC No. 36767 of 2025 2 (Dr. Yogendra Kumar Srivastava,J.) Digitally signed by :- MOHAMMAD IMROZ KHAN High Court of Judicature at Allahabad