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2025 DAILYLAW 51348 (ALL)

KAMLA SHANKER AND 2 OTHERS v. STATE OF UP AND 3 OTHERS

WRIC/13685/2025 · 2025-10-05

Saral Srivastava, Sudhanshu Chauhan

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 13685 of 2025 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J. HON'BLE SUDHANSHU CHAUHAN, J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for State-respondents. 2. The petitioner by means of the present petition has prayed for the following relief:- "(i) Issue a writ, order or direction in the nature of mandamus direct the Respondent no.2 & 3 to decide the representation dated 17.04.2025 of the petitioners (Annexure no.4 to this writ petition), in accordance with law. (ii) Issue any other suitable writ, order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the Case. (iii) Award cost of this writ petition to the petitioners." 3. It is contended by the learned counsel for the petitioners that after the promulgation of U.P. Zamindari Abolition and Land Reforms Act, 1950 the land in dispute being Mu. Khewat Khata No.- 49 Jimman, Mahal 148 in 1356 Fasli has been vested in favour of the petitioners and thereafter the petitioners became 'Sirdar' of the land. Now, the grievance of the petitioners is that despite the fact that the petitioners have vested right over the property in question, the respondents wants to dispossess the petitioners. 4. The question as to whether the land has been vested in favour of the petitioners and the petitioners became 'Sirdar' of the land is the question Versus Counsel for Petitioner(s) : Hira Lal, M. Asif Counsel for Respondent(s) : C.S.C. Kamla Shanker And 2 Others .....Petitioner(s) State Of Up And 3 Others .....Respondent(s) of fact which can be decided only on the basis of evidence available on record and cannot be adjudicated by this Court in exercise of power under Article 226 of the Constitution of India. 5. In such view of fact, we are not inclined to grant relief as prayed for by the petitioners. 6. Accordingly, writ petition lacks merit and is hereby dismissed with liberty to the petitioners to avail appropriate remedy available under the law in respect to his grievance. October 6, 2025 Virendra WRIC No. 13685 of 2025 2 (Sudhanshu Chauhan,J.) (Saral Srivastava,J.) Digitally signed by :- VIRENDRA KUMAR BHARTEEY High Court of Judicature at Allahabad