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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 12674 of 2025 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J.
HON'BLE AMITABH KUMAR RAI, J.
Order on Substitution Application No.3 of 2025
1. This application has been filed by the heirs of petitioner No.1 Lalli for substituting their name in place of Lalli petitioner No. 1 who died on
05.05.2025.
2. No counter affidavit has been filed to the substitution application.
3. The Substitution Application is allowed.
4. Learned counsel for the petitioners/applicants is permitted to carry out necessary correction in the array of parties, in the array of the parties during the course of the day.
Order on Writ Petition
1. It is stated by learned counsel for petitioners that petitioner No.1, 2, 3, 4, 6, 8, 9, 11 and 14 have preferred statutory appeal before the District Level Committee headed by District Magistrate against impugned order dated 3.10.2022 by which the claim of petitioners have been rejected or modified. However, in respect of the rest of the petitioners i.e. petitioner Nos. 5, 7, 12 and 13, learned counsel for petitioners is not able to tell as to whether they file any appeal or not. He submits that the present petition may be dismissed as not pressed so far as petitioners No. 5, 7, 12 and 13 are concerned with liberty to the said petitioners to file a fresh writ petition. Versus Counsel for Petitioner(s) : Pradeep Kumar Upadhyay Counsel for Respondent(s) : Bhupendra Kumar Tripathi, C.S.C., Rafiuddin Ansari Lalli And 13 Others .....Petitioner(s) State Of U.P. And 6 Others .....Respondent(s)
2. Therefore, the writ petition is dismissed as not pressed in respect to petitioners No. 5, 7, 12 and 13 with aforesaid liberty. So far as the rest of the petitioners i.e. petitioners No.1, 2, 3, 4, 6, 8, 9, 11 and 14 are concerned since they have already preferred statutory appeal before the District Level Committee (respondent No.3) against the order by which their claim has been rejected or modified by the Tehsil Level Committee and there is appeal are pending consideration before the respondent No.3.
3. In such view of the fact we dispose off the present writ petition with a direction to respondent No.3 (District Level Committee) to decide the appeal of the petitioners No.1, 2, 3, 4, 6, 8, 9, 11 and 14 expeditiously within a period of three months from today strictly in accordance with law after giving due notice and opportunity of hearing to the petitioners No.1, 2, 3, 4, 6, 8, 9, 11 and 14.
4. For a period of four months or till disposal of the appeal of the petitioners No.1, 2, 3, 4, 6, 8, 9, 11 and 14, whichever is earlier, the petitioners No.1, 2, 3, 4, 6, 8, 9, 11 and 14 shall not be evicted from the land in dispute. September 17, 2025 Md Faisal WRIC No. 12674 of 2025 2 (Amitabh Kumar Rai,J.) (Saral Srivastava,J.) Digitally signed by :- MOHD FAISAL High Court of Judicature at Allahabad