SUNDER AND 10 OTHERS v. STATE OF U.P. AND 4 OTHERS
WRIC/10516/2025 · 2025-08-19
Manoj Kumar Gupta, Ram Manohar Narayan Mishra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 36250 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 36250 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:142873-DB Court No. - 21 Case :- WRIT - C No. - 10516 of 2025 Petitioner :- Sunder And 10 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Sunil Kumar Singh Counsel for Respondent :- C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J.
1. The petitioners claim that they were granted lease of different pieces of land on the basis of Government Order dated 03.09.1992. The duration of lease was five years. According to petitioners, they are entitled for renewal of the lease. However, a notice has been served on them on 27.08.2024 alleging that they are in illegal occupation of the land of the Canal/Irrigation Department and their explanation has also been sought in respect of the said allegation. The prayer made in the instant petition is for a mandamus directing the respondents not to disturb the possession of the petitioners.
2. It is not disputed that the lease, even as per the admitted case of petitioners, has expired.
3. Learned counsel for petitioners submits that the claim of petitioners for renewal be directed to be considered.
4. Learned counsel for petitioners also admits that the petitioners have not replied to notice dated 27.08.2024 so far.
5. Learned Standing Counsel has placed on record the instructions received from the Department, wherein the stand taken is that the petitioners fall under the category of trespassers.
6. Since, the petitioners were issued a show cause notice dated 27.08.2024 and they have not responded to the same so far, therefore, we dispose of the instant petition with liberty to petitioners to respond to the said notice within three weeks from today along with true attested copy of the instant order and in which event, the concerned respondent shall take decision on the same within next three weeks. (R.M.N.Mishra, J.) (Manoj Kumar Gupta, J.) Order Date :- 20.8.2025/Amit Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad