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2025 DAILYLAW 21090 (ALL)

POSHAKI LAL v. STATE OF U.P AND ANOTHER

WRIC/5831/2025 · 2025-03-16

Kshitij Shailendra, Shekhar B Saraf

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:37386-DB Court No. - 40 Case :- WRIT - C No. - 5831 of 2025 Petitioner :- Poshaki Lal Respondent :- State Of U.P And Another Counsel for Petitioner :- Ganesh Mani,Jalaj Kumar Tripathi Counsel for Respondent :- C.S.C. Hon'ble Shekhar B. Saraf,J. Hon'ble Kshitij Shailendra,J. 1. Heard learned counsel for the parties. 2. The instant writ petition under Article 226 of Constitution of India has been filed challenging the order dated 18.09.2024, whereby an application seeking mutation of the petitioner's name in the revenue records has been turned down by the Competent Authority. 3. Learned counsel for the petitioner submits that the order impugned rejects the claim placing reliance upon previous proceedings under the Urban Land (Ceiling and Regulation) Act, 1976 wherein the father of the petitioner had died and no notices were served upon him. 4. Learned Standing Counsel seriously opposes the contention advanced by referring to the findings recorded in the order impugned. 5. We have heard the learned counsel for the parties and, having carefully gone into the record of proceedings, we find that when the first notice was issued under the aforesaid Act, the petitioner's father Nanku Nath was alive. The impugned order records personal service of notice upon the petitioner's father. The order impugned further records that after issuance of one notice, petitioner's father expired and, thereafter, further notices were served upon legal representatives of Nanku Nath. The petitioner being one of the sons of Nanku Nath approached the Authority in the year 2023 by filing a writ petition which was disposed of permitting him to press his representation. 6. The Authority has considered the contentions raised in the representation filed by the petitioner and has recorded findings based on record. 7. The findings have not been shown to be perverse and in view of the fact that name of the State Government has been recorded in the revenue records in the year 1993 in furtherance of statutory proceedings held under the aforesaid Act of 1976, we do not find any good ground to grant any relief to the petitioner or to interfere in the order impugned. 8. The writ petition has no merit and is, accordingly, dismissed. Order Date :- 17.3.2025 Sazia (Kshitij Shailendra, J) (Shekhar B. Saraf, J) Digitally signed by :- SAZIA AQUIL High Court of Judicature at Allahabad