SHIV BACHAN v. STATE OF U.P. THRU. SECY. REVENUE DEPTT., LKO. AND OTHERS
/11789/2025 · 2025-12-04
Arun Kumar Singh Deshwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 177760 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 177760 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 11789 of 2025 Court No. - 22 HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Sanjeev Kumar Shukla, learned counsel for the petitioner, Sri Neel Padam Singh, learned Additional Chief Standing Counsel for the State and Sri Mohan Singh, learned counsel for the Gaon Sabha.
2. Present petition has been filed in the nature of mandamus to direct the opposite party nos.2 to 4 to enter the name of the petitioner as transferable land rights in the revenue records/Khatauni Fasly Year 1425-1430 Land Gata/ Khasra No.103/17 Mi. area 0.2530 hectare Village Baina Teekarhar, Tehsil Fatehpur Pargana Kursi, District Barabanki under Section 76(2)(3) U.P. Land Revenue Code, 2006.
3. Contention of learned counsel for the petitioner is that Gata No.109/17 was allotted to the petitioner as agricultural lease in the year 2000 and name of the petitioner has also been recorded in Khatauni mentioning him as Bhumidhar with non-transferable right. It is further submitted that despite expiry of more than 25 years, the petitioner has not been declared as Bhumidhar with transferable right though as per Section 76 of U.P. Revenue Code, he is entitled to become Bhumidhar with transferable right after completing five years as Bhumidhar with non-transferable right.
4. Learned Standing Counsel as well as learned counsel for the Gaon Sabha submitted that the petitioner has not filed regular application under Section 76(2) of U.P. Revenue Code. In case, he files an appropriate application than appropriate order will be passed by the revenue Versus Counsel for Petitioner(s) : Sanjeev Kumar Shukla Counsel for Respondent(s) : C.S.C., Mohan Singh Shiv Bachan .....Petitioner(s) State Of U.P. Thru. Secy. Revenue Deptt., Lko. And Others .....Respondent(s)
authority.
5. In view of above, the present writ petition is disposed of permitting the petitioner to file his application under Section 76(2) before the Tehshildar, Tehsil Fatehpur, District Barabanki within 30 days. In case, such an application is filed, the same shall be considered and decided, in accordance with law, in the light of directions issued by this Court in the case of Daya Shankar vs. State of U.P. and others report in 2023(6) ADJ 181 dated 19.05.2023. December 4, 2025 A.Kr* WRIC No. 11789 of 2025 2 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench