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Neutral Citation No. - 2025:AHC:42184 Court No. - 35 Case :- WRIT - C No. - 8309 of 2025 Petitioner :- Smt. Krishna Devi Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Madhav Jain Counsel for Respondent :- C.S.C.,Sunil Kumar Singh 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 reliefs:
"I. Issue, a writ, order, or direction in the nature of mandamus directing the respondent authority to convert petitioner right from
"Bhumidhar with non Transferable Rights to Bhumidhar with Transferable Rights" in relevant revenue record. II. Issue, a writ, order or direction in the nature of mandamus commanding the respondent no. 2 to take decision upon the petitioner application dated 18.12.2021 to convert bhumidhari rights as per Section 76 of U.P. Revenue Code, 2006."
3. Contention of the learned counsel for the petitioner is that the name of husband of the petitioner was mutated in revenue records on the basis of judgment and decree dated 20.07.1996 passed under Section 229-B of the U.P.Z.A. & L.R. Act, 1950 and after his death petitioner's name was mutated in the revenue records as 'Bhumidhar with non-transferable Rights'. With the lapse of time, the petitioner is entitled to be recorded as 'Bhumidhar with Transferable Rights' in view of the provisions of Section 131-B of the U.P.Z.A. & L.R. Act as well as Section 76 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, Sadar, District-
Hapur 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 :- 21.3.2025 Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad