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2025 DAILYLAW 24952 (ALL)

REMJI VENCHURA AND 2 OTHERS v. STATE OF U P AND 3 OTHERS

WRIC/18656/2018 · 2025-10-12

Neeraj Tiwari, Vivek Kumar Singh

Transfer Petitionbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 18656 of 2018 Court No. - 1 HON'BLE NEERAJ TIWARI, J. HON'BLE VIVEK KUMAR SINGH, J. Re:-Civil Misc. Substitution Application No. 2 of 2018 Heard learned counsel for petitioners, learned standing counsel for State- respondents and Sri Narendra Pratap Singh, learned counsel for respondent no. 2. This application has been filed with a prayer for substituting the heir and legal representative of the petitioner no. 1, who is said to have died. Counsel for the respondents have no objection to allowing the aforesaid substitution application. For the reasons given in the accompanying affidavit, the substitution application is allowed. Learned counsel for petitioners is permitted to carry out necessary substitution during the course of the day. Order on order sheet Present petition has been filed seeking following relief:- "A). Issue a writ, order or direction in the nature of mandamus commanding and directing to respondents to pass an appropriate and suitable order on the application/representation of the petitioners dated 17.01.2018 in respect of the land in question gata No. 315, 1222, 1516 and 588 situated at Mohalla Basharatpur, Tappa- Qasba, Pargana-Haveli, Tehsil Sadar, District Gorakhpur." Versus Counsel for Petitioner(s) : Rafiuddin Ansari Counsel for Respondent(s) : Ashish Kumar Srivastava, C.S.C., K.R. Singh, Narendra Pratap Singh Remji Venchura And 2 Others .....Petitioner(s) State Of U P And 3 Others .....Respondent(s) Learned counsel for the petitioners submitted that for redressal of their grievances, petitioners have filed application/representation dated 17.01.2018 before concerned respondent, but till date no decision has been taken. Lastly, it is submitted that a direction may be issued to concerned respondent to decide the aforesaid application/representation within a stipulated time, for which learned counsels have no objection. In view of the facts and circumstances of the case, the writ petition is disposed of directing respondent No. 3-District Magistrate/Collector, Gorakhpur to decide the representation of the petitioner dated 17.01.2018 in accordance with law, maximum within period of three months from the date of submission of certified copy of this order. Petitioner is directed to annex photocopy of representation dated 17.01.2018 alongwith certified copy of this order. It is made clear that this Court has not adjudicated the case on merits. It is upon respondent No. 3 to pass order after considering the relevant Rules as well as facts of the case. October 13, 2025 Sartaj WRIC No. 18656 of 2018 2 (Vivek Kumar Singh,J.) (Neeraj Tiwari,J.) Digitally signed by :- SARTAJ AHMAD High Court of Judicature at Allahabad