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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 13664 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 petitioner (Annexure no.3 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 petitioner."
3. It is contended by the learned counsel for the petitioner that after the promulgation of U.P. Zamindari Abolition and Land Reforms Act, 1950 the land in dispute being Mu. Khewat Khata No.- 27 Jimman, Mahal 148 in 1356 Fasli has been vested in favour of the petitioner and thereafter the petitioner became 'Sirdar' of the land. Now, the grievance of the petitioner is that despite the fact that the petitioner has vested right over the property in question, the respondent wants to dispossess the petitioner.
4. The question as to whether the land has been vested in favour of the petitioner and the petitioner became 'Sirdar' of the land is the question of fact which can be decided only on the basis of evidence available on Versus Counsel for Petitioner(s) : Hira Lal, M. Asif Counsel for Respondent(s) : C.S.C. Sarmila Devi .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
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 petitioner.
6. Accordingly, writ petition lacks merit and is hereby dismissed with liberty to the petitioner to avail appropriate remedy available under the law in respect to his grievance. October 6, 2025 Virendra WRIC No. 13664 of 2025 2 (Sudhanshu Chauhan,J.) (Saral Srivastava,J.) Digitally signed by :- VIRENDRA KUMAR BHARTEEY High Court of Judicature at Allahabad