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2025 DAILYLAW 19575 (ALL)

RAM LOCHAN AND 3 OTHERS v. STATE OF U.P. AND 16 OTHERS

WRIC/5349/2025 · 2025-03-19

Kshitij Shailendra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:41532 Court No. - 44 Case :- WRIT - C No. - 5349 of 2025 Petitioner :- Ram Lochan And 3 Others Respondent :- State Of U.P. And 16 Others Counsel for Petitioner :- Gokaran Singh Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla Hon'ble Kshitij Shailendra,J. 1. Heard learned counsel appearing on behalf of parties. 2. The petitioners, on the one hand, appear to be complainant in the matter of grant of residential lease in favour of the private respondents, on the other hand, it appears from Annexure-3 that they themselves are seeking enforcement of certain orders passed in their favour for mutation of their names in records of property in respect whereof lease was granted in favour of the private respondents. 3. The grievance raised by the petitioners is that their complaint has been rejected on the ground of delay considering the lease granted in 1973 and filing of complaint in 2010, however the reason for delay is the attempt of allotees to take possession over the land after several decades. Further submission is that by a recent order dated 25.11.2024, a team has been constituted by Sub Divisional Officer to deliver possession to the allottees whereas a contradictory observation is recorded in the order dated 27.02.2018 to the effect that one of the allottees was already in possession over the land. 4. Considering the second prayer made in the writ petition regarding disposal of stay application in pending Revision No.- 00629/2018 Computerized Case No.-C201815000000629 (Ramlochan Vs. Additional Collector Mau) under Section-333 U.P.Z.A & L.R. Act, 1950, this Court deems it appropriate to dispose of present petition with certain observations. 5. The writ petition is disposed of with a direction to Additional Commissioner (Administrative), Azamgarh Division, Azamgarh to decide the stay application pending in Revision No.- 00629/2018 Computerized Case No.-C201815000000629 (Ramlochan Vs. Additional Collector Mau) under Section-333 U.P.Z.A & L.R. Act, 1950 which has already been admitted on 30.04.2025; after providing opportunity of hearing to the parties concerned. 6. Till the disposal of stay application, if, as on today, the order dated 25.11.2024 has not been given effect to on the spot, further proceedings pursuant thereto shall not be given effect to. 7. It is made clear that this Court has not expressed any opinion on the merits of the stay application or other aspects and the order has been passed to streamline the proceedings. Order Date :- 20.3.2025 Virendra Digitally signed by :- VIRENDRA KUMAR BHARTEEY High Court of Judicature at Allahabad