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Neutral Citation No. - 2025:AHC:40206 Court No. - 35 Case :- WRIT - C No. - 8140 of 2025 Petitioner :- Bijai Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mohammad Khalid,Pawan Kumar Yadav Counsel for Respondent :- Azad Rai,C.S.C. Hon'ble Manish Kumar Nigam,J.
1. Heard learned counsel for the parties and perused the record.
2. The instant writ petition has been filed for following relief:
"i) Issue a writ, order or direction in the nature of Mandamus commanding and directing the respondent No. 2 / Sub- Divisional Magistrate, Tehsil - Chail, District - Kaushambi to decide the application of the petitioner filed under section - 76- Kha of the U.P. Revenue Code, 2006 dated
16.12.2024. (Annexure No. 1 to this writ petition)"
3. Contention of the learned counsel for the petitioners is that the petitioner was granted Patta for agricultural purposes in the year 1976. With the laps of time, the petitioner is entitled to be recorded as Bhumidhar with transferable rights in view of the provisions of Section 131 of the U.P.Z.A. & L.R. Act as well as Section 76A of the U.P. Revenue Code, 2006. In this regard, the petitioner has already moved an application before the respondent no.2.
4. Learned Standing Counsel has submitted that no useful purpose would be served in keeping this petition pending and a direction be issued to the respondent no.2 to consider and decide the claim of the petitioner.
5. The present petition stands disposed of with a direction to the respondent No. 2, Sub Divisional Magistrate, Tehsil-Chail, District-Kaushambi to consider and decide the claim of the petitioner, in accordance with law, expeditiously, preferably within a period of three months from the date of production of a certified copy of this
order after giving opportunity of hearing to the parties concerned provided that there is no other legal impediment.
Order Date :- 20.3.2025 S. Singh (Manish Kumar Nigam, J.) Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad