BHARTIY PRASAD AND ANOTHER v. SUB DIVISIONAL COMMITTEE AND ANOTHER
WRIC/10320/2025 · 2025-10-14
body2025
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[ 2025 DAILYLAW 189716 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 189716 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 10320 of 2025 Court No. - 1 HON'BLE NEERAJ TIWARI, J.
HON'BLE VIVEK KUMAR SINGH, J.
1. Heard learned counsel for the petitioners, learned standing counsel for State- respondent and Shri Pradeep Singh, learned counsel for the respondent no.2. 2. Present petition has been filed seeking following relief:-
"a). Issue a writ, order or direction in the nature direction or order to respondent no.1 to dispose of the petitioners claim for recognition of their ancestral community and individual residential agricultural forest right in respect of plot no.24Ja, area 273.226 hectares of village-Kumharwar, Pargana Vijaigarh, Tehsil Robertsganj, District Sonbhadra submitted by the kpetitoners under section 6 of the Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights), 2006, and not evict to petitioners from land and house without disposing off their applications pending before him within stipulated period.. (ii) issue a writ order or direction in the nature of mandamus commanding and directing to respondents not to evict from land and house and not to demolish the house of the petitioners."
3. Learned counsel for the petitioners submitted that for redressal of their grievance, petitioners have filed representation but till date the same has not been decided, therefore, a direction may be issued to the respondent no.1-Sub Divisional Committee through Sub Divisional Magistrate, Obra, District Sonbhadra, to decide the representation at the earliest. Versus Counsel for Petitioner(s) : Vinod Kumar Rai Counsel for Respondent(s) : C.S.C., Pradeep Singh Bhartiy Prasad And Another .....Petitioner(s) Sub Divisional Committee And Another .....Respondent(s)
4. Learned counsel for respondents pointed out that the representation filed by the petitioners is vague having no date and also typed on a printed proforma, therefore, the petitioner may be directed to file fresh representation. 5. In view of the facts and circumstances of the case, the writ petition is disposed of with liberty to petitioner to move fresh representation along with certified copy of this order before respondent No. 1-Sub Divisional Committee through Sub Divisional Magistrate, Obra, District Sonbhadra, within two weeks from today. In case any such representation is filed, respondent No. 1 is directed to decide the same in accordance with law maximum within a period of eight weeks thereafter. 6. It is made clear that this Court has not adjudicated the case on merits.
It is upon respondent No. 1 to pass order after considering the relevant Rules as well as facts of the case. October 15, 2025 Nitendra WRIC No. 10320 of 2025 2 (Vivek Kumar Singh,J.) (Neeraj Tiwari,J.) Digitally signed by :- NITENDRA TIWARI High Court of Judicature at Allahabad