HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 11710 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE AMITABH KUMAR RAI, J. 1. Heard the learned counsel for the petitioners and the learned Standing Counsel who appears on behalf of the Opposite party nos.1, 2 and 3 and Shri Pankaj Gupta, who appears on behalf of the Gaon Sabha, the Opposite party no.4. 2. This petition has been filed by the petitioners with the following prayers:- "i) Issue a writ order or direction in the nature of Mandamus commanding the Opposite party no.3 to ensure the approval of Resolution dated 19.12.2023 and 06.10.2024 by which the Land Management Committee has proposed the name of the petitioners for providing the land for residential as well as agricultural purpose as contained in Annexure Nos.2 and 5 to this writ petition. ii) Any such other order or direction which this Hon'ble Court may deem fit and proper. iii) Allow the writ petition with cost." 3. It is the case of the petitioners that they are landless persons belonging to the Scheduled Caste and other Backward Caste and also to unreserved category, who all are eligible persons for allotment of the Abadi sites as well as agricultural land. An Agenda was Versus Counsel for Petitioner(s) : Rama Kant Dixit Counsel for Respondent(s) : C.S.C., Pankaj Gupta Balakram Chaudhari And Others .....Petitioner(s) State Of U.P. Thru. Prin. Secy., Revenue Deptt., Lko. And Others .....Respondent(s) circulated in accordance with the Rules and a Meeting was held of the Gaon Sabha where the Land Management Committee has passed a Resolution in favour of the petitioners on 06.10.2024. Despite such Resolution being passed, the SDM concerned is not approving the same. 4. Hence, this petition has been filed by the petitioners with the aforesaid prayers. 5. The learned Standing counsel has produced before this Court instructions sent by the S.D.M., Payagpur, District Bahraich, wherein it has been stated that the Resolution was received in his Office recommending allotment or agricultural land for six persons. An inquiry is being conducted in the matter. The preliminary inquiry submitted by the Tehsildar, Payagpur, finds only five persons to be eligible. Thereafter, on 23.09.2025, a fresh inquiry has been ordered directing Tehsildar, Payagpur to conduct on the Spot Inspection and also examine the record and give a clear report. 6. The instructions are kept on record. 7. The writ petition is disposed of with a direction to the S.D.M., Payagpur, to pass an appropriate order on the Resolution of the Gaon Sabha after verifying procedure as prescribed under Section 198 and Section 122C has been followed for a recommending allotment of Agricultural and Housing sites patta respectively. Rule 115L, 115M, 115N and 115O of the Rules and Paragraphs-47 and 49 of the Gram Sabha Manual 1954, shall be scrupulously followed and then appropriate orders shall be passed within a period of three months from the date a certified copy of this order is produced before him. December 8, 2025 N.PAL WRIC No. 11710 of 2025 2 (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench