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2025 DAILYLAW 24231 (ALL)

PRAVEEN PRATAP SINGH v. STATE OF U.P. AND 4 OTHERS

WRIC/6291/2025 · 2025-03-17

Ashwani Kumar Mishra, Donadi Ramesh

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:38321-DB Court No. - 29 Case :- WRIT - C No. - 6291 of 2025 Petitioner :- Praveen Pratap Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Jagannath Singh Counsel for Respondent :- Anil Kumar Singh Baghel,C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. Petitioner was given a piece of land on rent after the land itself was resumed in favour of the Zila Panchayat, Pilibhit to the writ petitioner. The petitioner has been paying rent to the Zila Panchayat. He has approached this Court challenging the demand of rent by the Station House Officer of the police station concerned on the ground that such demand is wholly perverse and not referable to any provision in law. Learned Standing Counsel has obtained instructions according to which the land, although, was resumed for Zila Panchayat, but by way of a subsequent decision, the District Collector has again resumed the land in favour of the State and given it to the police department for construction of residential and non-residential building and for maintenance of law and order situation. The order of resumption dated 20/22.11.2012 has been placed on record, which accompanies the resumption of land in favour of the State and its handing over to the police department. It is also pointed out that the police department has now been mutated in the revenue records also pursuant to such resumption also. It is submitted that demand of rent from the petitioner, therefore, suffers from no illegality. Admittedly, the land in question vested in the State. Only its management was given to the Zila Panchayat under Section 117 (6) of UP Zamindari Abolition and Land Reforms Act, 1950. By the subsequent decision of the Collector exercising his delegated powers, the land has been resumed from Zila Panchayat and has been given to the police department. Once that be so, the demand of rent from the petitioner cannot be said to be without jurisdiction so as to cause any interference. Writ petition, consequently, fails and is dismissed. Order Date :- 18.3.2025 LN Tripathi Digitally signed by :- LALIT TRIPATHI High Court of Judicature at Allahabad