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2025 DAILYLAW 191489 (ALL)

SMT NIRMLA DEVI v. STATE OF UP AND 4 OTHERS

WRIC/35854/2025 · 2025-10-13

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 35854 of 2025 Court No. - 4 HON'BLE AJIT KUMAR, J. HON'BLE SWARUPAMA CHATURVEDI, J. 1. Learned counsel for the petitioners has filed today supplementary affidavit, which is taken on record. 2. Heard Ms. Mahinam Haroon, learned Advocate holding brief of Sri Rajesh Kumar Yadav, learned counsel for the petitioner, Sri Anshul Nigam, learned Standing Counsel for the State and perused the record. 3. By means of this petition filed under Article 226 of the Constitution petitioner has prayed for following reliefs:- "I. Issue a writ order or direction in the nature of mandamus directing the pleased to direct the respondent no. 2, & 3 to decide the representation dated 18.08.2025 with in stipulated time. II. Issue a writ order or direction in the nature of mandamus directing the respondent no. 2, 3 & 4 to do not dispossess the petitioners from the land in question without following due process of law prescribed under the law." 4. It contended on behalf of the petitioner that the petitioner is being widow lady is being harassed by the private individual Shishpal, who happens to be a 'bhoomafia' and trying to take advantage of the petitioner, being alone widow lady, to grab the land. It is further contended that the petitioner has already approached the District Magistrate in the light of the Government Order issued for protection of tenure-holders from 'bhoomafias', however, the District Magistrate has not passed any order upon the representation Versus Counsel for Petitioner(s) : Rajesh Kumar Yadav Counsel for Respondent(s) : C.S.C. Smt Nirmla Devi .....Petitioner(s) State Of Up And 4 Others .....Respondent(s) made by the petitioner on 15.05.2025, copy whereof is annexed as Annexure no. 3 to the petition. 5. Learned Standing Counsel has no objection in the even the petitioner gets her complaint registered on the official portal of District Magistrate under the relevant Government Order for a proper decision upon the same if she is aggrieved against any unlawful act at the end of the alleged bhoomafia Shishpal. 6. In view of the above, we disposed of this petition with a direction to the petitioner to get her application/complaint registered on the official portal of District Magistrate for the purpose of protection from bhoomafia/land grabbers in respect of the land of which she claims to be the tenure-holder, khatauni of which has been brought on record by means of supplementary affidavit filed today. 7. It is further provided that in the event petitioner gets such a complaint registered on the official portal of District Magistrate or the portal so assigned by the relevant Government Order within a period of four weeks from today, the District Magistrate shall be passing appropriate order thereupon within further period of four weeks. October 14, 2025 #Vikram/- WRIC No. 35854 of 2025 2 (Swarupama Chaturvedi,J.) (Ajit Kumar,J.) Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad