Neutral Citation No. - 2025:AHC:79790-DB Court No. - 21 Case :- WRIT - C No. - 15355 of 2025 Petitioner :- Aslam Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Om Prakash,Vishnu Dutt Tiwari Counsel for Respondent :- C.S.C.,Suresh C. Dwivedi Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. The petitioner has prayed for a writ of mandamus directing District Magistrate, Agra to decide his representation dated 24.1.2025. In the said representation, the petitioner has prayed for return of his land acquired by the State for the benefit of Agra Development Authority, Agra. It is stated that the land was acquired in the year 1992, but it has not been used so far and therefore, it should be returned to the petitioner. 2. On query made by the Court as to under which provision of law the District Magistrate will have power to examine such a claim, he is not in a position to show to us any such provision. 3. We observe that the power to restore the land which had remained unutilized for a certain period is conferred upon the State Government under proviso to sub-section (1) of Section 17 of U.P. Urban Planning and Development Act, 1973 and as such, any such claim has to be made before the State Government. 4. Moreover, we find that according to the pleadings in the writ petition, the property was owned by Bundu Khan, grandfather of the petitioner. After his death, name of Abdul Kalam, father of the petitioner, is recorded in the revenue records as his heir. The petitioner claims to be power of attorney holder of his father. 5. In view of Full Bench Judgment of this Court in Syed Wasif Husain Rizvi vs. Hasan Raza Khan and 6 others; AIR 2016 ALLAHABAD 52, a power of attorney holder cannot maintain a petition in his own name. For the said reason also, the petition is not maintainable. 6. Consequently, the petition is disposed of with liberty to the concerned person to approach the State Government, if so advised. (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Order Date :- 15.5.2025 Jaideep/- Digitally signed by :- JAIDEEP BANERJEE High Court of Judicature at Allahabad Digitally signed by :- JAIDEEP BANERJEE High Court of Judicature at Allahabad