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Neutral Citation No. - 2025:AHC:84023 Court No. - 34 Case :- WRIT - C No. - 15135 of 2025 Petitioner :- Ramchet Yadav Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Gulab Shankar Singh Counsel for Respondent :- C.S.C.,Pankaj Kumar Gupta Hon'ble Syed Qamar Hasan Rizvi,J.
1. Sri Gulab Shankar Singh, learned counsel for the petitioner, Sri Shashikant Kushwaha, learned standing counsel appearing for the State-respondent no. 1 to 4 and Sri Pankaj Gupta, learned counsel appearing on behalf of the Gaon Sabha / respondent no. 5.
2. By means of the present writ petition the petitioner has prayed for the following relief:
"i) issue a writ, order or direction in the nature of mandamus commanding and directing the respondent authorities to demarcate the land of the petitioner's Plot No. 39, 176, 177 and 178 etc. situated at the village Gangapur, Tappa Charkaila, Pargana Mahuli Paschim, Tehsil Basti, District Basti."
3. At the very outset, learned counsel appearing on behalf of the Gaon Sabha has raised preliminary objection that the prayer made in the present writ petition cannot be granted as the petitioner has not moved any application for demarcation under Section 24 of the U.P. Revenue Code, 2006.
4. Learned counsel appearing on behalf of the petitioner at this stage molded his prayer to the extent that the writ petition be disposed of with a liberty to the petitioner to file appropriate application under Section 24 of the U.P. Revenue Code, 2006 before the authority concerned.
5. Taking into consideration the above situation, this Court is of the view that no useful purpose would be served to keep this writ petition pending.
6. Accordingly, the present writ petition is disposed of with a liberty to the petitioner to move appropriate application before the concerned authority as per Section 24 of the U.P. Revenue Code, 2006.
7. It is provided that in case petitioner prefers the above-mentioned application before the competent authority, the same shall be considered as per law, expeditiously and preferably within a period of three months as stipulated under Section 24(3) of the U.P. Revenue Code, 2006.
8. The writ petition is disposed of with the observations and directions made hereinabove. Order Date :- 20.5.2025 Arif Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad