Neutral Citation No. - 2025:AHC:77585-DB Court No. - 3 Case :- WRIT - C No. - 14936 of 2025 Petitioner :- Smt. Geeta Devi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Akhilesh Kumar Singh,Ramesh Kumar Counsel for Respondent :- C.S.C.,Shyam Mani Shukla Hon'ble Anjani Kumar Mishra,J. Hon'ble Jayant Banerji,J. 1. Heard learned counsel for the petitioner. 2. The writ petition has been filed seeking the following reliefs:- "I. Issue a writ, order or direction in the nature of mandamus for the commanding the respondents not to dispossession the petitioner from 6 biswan abadi land of gata no. 663/2 situated in village Nya Gaon Sikandrabad, District Bulandshahar. II. Issue a writ, order or direction in the nature of mandamus decide the representation dated 08-11-2024 pending before the respondent no. 3." 3. Primarily, the grievance of the petitioner in the instant petition is that the respondent No. 4, the Nagar Palika Parishad, Sikandrabad, District Bulandshahar has encroached upon land, which had been allotted to the petitioner which allotment was a patta for construction of a house, being plot No. 663/2 area 06 biswa situated in Village Nya Gaon, Sikandrabad, Bulandshahar. It is in this context that the first relief, a writ of mandamus commanding the respondents not to dispossess the petitioner, has been sought. 4. The other relief namely a direction for decision on the representation of the petitioner dated 08.11.2024 is concerned, this Court, upon a perusal of the representation finds that therein a prayer has been made that the petitioner be put in possession over the land which was allotted to her by a residential patta. 5. Since, the representation dated 08.11.2024 regarding which a direction has been sought by the petitioner itself states that the petitioner is not in possession over the land, it is clear that the relief no.1 sought in the writ petition cannot be granted. There cannot be any dispossession of a person from a plot which is admittedly not in that person's possession. 6. Even otherwise from the perusal of the record, it transpires that the petitioner is claiming land of plot No. 663/2 on the basis of an order passed by the Consolidation Officer on 25.12.1992 which records that as per the order of the Consolidation Officer in Case No. 719 of 1992 under Section 12(1) of the U.P. Consolidation of Holdings Act plot no.663/2 area 06 biswa was ordered to be recorded as Abadi. 7. Prima facie, the aforesaid order dated 25.12.1992 is wholly without jurisdiction. Proceedings under Section 12 of the Consolidation of Holdings Act are proceedings for mutation. Any change regarding the nature of land and for recording it as Abadi can only be done in proceedings under Section 9 of the Act and not under Section 12 which is only for mutation. 8. Even otherwise, the claim of the petitioner is that the allotment in her favour was for residential purposes. A residential patta granted under the provisions of the U.P. Zamindari Abolition and Land Reforms Act contained stipulations that constructions were required to be raised within a fixed time period after allotment. 9. Admittedly, for at least 30 years after the grant of the alleged patta, no construction has been raised on the spot as is clear from the various reports available on record which are annexed with the writ petition. 10. For the same reason, this Court does not consider it appropriate to issue any direction to the respondent No. 2 to decide the representation of the petitioner which in any case appears to be without merit as afore-mentioned. 11. Accordingly, the writ petition is without merit and is dismissed. Order Date :- 13.5.2025 Aditya Tripathi Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad