HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 11198 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE AMITABH KUMAR RAI, J. 1. Heard the learned counsel for the petitioner and the learned Standing Counsel who appears on behalf of the State-respondents and Shri Mohan Singh, who appears on behalf of the Gaon Sabha. 2. This petition has been filed by the petitioner for the following prayers:- "i. To issue a writ, order or direction in the nature of Mandamus commanding the opposite party No. 2 to consider the case of the petitioner and provided the possession to the petitioner on his residential lease, in the light of allotment dated 28.02.2015 is contained as ANNEXURE NO.1 To this writ petition. ii. To issue a writ, order or direction in the nature of Mandamus commanding the opposite party No. 2 to consider the case of the petitioner and decided the representation / application of the petitioner dated 02.09.2024 contained as Annexure No.14 in this writ petition. iii. To issue any other writ or direction, which this Hon'ble Court deems just and proper in the circumstances of the case in favour of the petitioner. Versus Counsel for Petitioner(s) : Uma Shankar Verma, Ashish Kumar Upadhyay, Praveen Kumar Tripathi Counsel for Respondent(s) : C.S.C., Mohan Singh Radheshyam Yadav .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Revenue U.P. Lko. And 6 Others .....Respondent(s) iv. To allow the writ petition with cost in favour of the petitioner." (3) It has been submitted by the learned counsel for the petitioner that the petitioner was allotted land 0.013 Hectare out of Gata No.8 for constructing a house by the Land Management Committee which proposal was approved by the SDM. Actual physical possession was tried to be given to the petitioner on 29.06.2017 but could not actually be given because one other person claimed his right over the land and he said that his case was pending before the Appellate Authority. Copy of the Spot Memo dated 29.06.2017 has been filed as Annexure-3 to the writ petition. (4) It has been submitted that the petitioner has repeatedly approached the Respondents for taking physical possession of the site allotted to hm. He has not been given such possession and therefore, this writ petition has been filed. (5) The learned Standing Counsel has placed before this Court instruction sent by the SDM Amethi, wherein it has been stated that initially Gata No.8/0.1260 Hectare was allotted in the name of Amarnath Son of Surya Pal for the purpose of Trees afforestation but no Trees were grown over the said land by Amarnath Son of Surya Pal and he also died some 16 years ago and the Lease period also expired. Treating the land as vacant 0.0130 Hectare out of Gata no.8 was allotted to the petitioner Radheshyam Yadav son of Chhotey Lal by the Chairperson of the Land Management Committee on 14.09.2014 and approval was granted by the SDM Amethi on 28.02.2015. Against such allotment, one petition under Section 66 of the U.P. Revenue Code was filed by Ravi Kamal registered as Case No.D-202404710000297 [Ravi Kamal Pandey Vs. Radheshyam and others]. Another case was filed by [Ravi Kamal Pandey Vs. Ratanlal] registered as Case No.D202404710000668, both the cases are pending. There is an interim order granted in favour of Ravi Kamal, in Case no.297, Ravi Kamal Vs. Radheshyam, and the next date fixed in the matter is 20.11.2025. Such instructions are dated 19.11.2025. (6) We do not know as to what happened on 20.11.2025 when the WRIC No. 11198 of 2025 2 case was fixed before the court concerned. (7) This writ petition is finally disposed of with a direction to the petitioner to file an appropriate application for vacation of interim order in Case No.297 [Ravi Kamal Pandey Vs. Radheshyam Yadav ] which is pending under Section 66 of the U.P. Revenue Code and seek a clarification in Case 668 also. December 5, 2025 N.PAL WRIC No. 11198 of 2025 3 (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench