Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:38995 Court No. - 35 Case :- WRIT - C No. - 7894 of 2025 Petitioner :- Bali Ram Respondent :- State of U.P. and Another Counsel for Petitioner :- Pramod Kumar Singh,Tripathi B.G. Bhai Counsel for Respondent :- C.S.C. Hon'ble Manish Kumar Nigam,J.
1. Heard learned counsel for the petitioner, learned Standing Counsel for the State- respondents and perused the record.
2. This petition has been filed for the following relief:
"(I) Issue a writ, order or direction in the nature of certiorari quashing the impugned
order dated 31.01.2025 passed by the District Magistrate/Collector, Siddharth Nagar (Annexure No. 1 to the writ petition) and to allow the application filed by the petitioner."
3. Earlier also, the matter came before this Court by means of Writ Petition No. 37433 of 2024 which was allowed by this Court and the matter was remanded by
judgment and order dated 06.01.2025. After the remand again same order has been passed on the same grounds.
4. Brief facts of the case are that the petitioner is a bhumidhar and wants to alienate his land for the purposes of his treatment. The petitioner has been referred to S.G.P.G.I. by the concerned Chief Medical Officer. Despite this facts, respondent no. 2 has rejected the application of the petitioner on the ground that the petitioner has failed to produce the expences likely to be incurred in the treatment.
5. The view taken by the respondent no. 2 is wholly erroneous and it appears that there is no sympathy or compassion for the citizens of this country and he is behaving like a bookworm in passing such orders.
6. Learned Standing Counsel has opposed the writ petition but could not demonstrate before this Court that once the C.M.O. has certified that the petitioner requires treatment at S.G.P.G.I., there is no impediment in allowing the application of the petitioner.
7. In view of the above discussion, the order dated 31.01.2025 passed by the District Magistrate/Collector, Siddharth Nagar/respondent no. 2 is hereby quashed and the writ petition is allowed.
8. Respondent no. 2 is directed to allow the application of the petitioner within two weeks and grant permission to the petitioner to alienate his property as required under Section 98(1) of the U.P. Revenue Code, 2006, from the date of production of certified copy of this order.
9. Registrar (Compliance) is directed to communicate this order to District Magistrate/Collector, Siddharth Nagar/respondent no. 2, for necessary compliance.
Order Date :- 19.3.2025 Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad