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2025 DAILYLAW 57313 (ALL)

ISHWARPAL AND 4 OTHERS v. STATE OF U.P. AND 4 OTHERS

WRIC/15553/2025 · 2025-05-21

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:86474 Court No. - 35 Case :- WRIT - C No. - 15553 of 2025 Petitioner :- Ishwarpal And 4 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Neeraj Shukla Counsel for Respondent :- C.S.C.,Sunil Kumar Singh Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the record. 2. The instant writ petition has been filed for the following relief: "(i) Issue a writ, order or direction in the nature of mandamus directing the respondents to declare the petitioners as a bhumidhar with the transferable right against the arazi/ Khasra no. 316M area 0.5060 hectare situated at Village-Saidpur Husainpur Deelana, Tehsil-Modi Nagar, District-Ghaziabad. (ii) Issue a writ, order or direction in the nature of mandamus directing the respondent no. 3 to consider and decide the application dated 08.11.2023 (Annexure no. 9) of the petitioners under section 76(2) of U.P. Revenue Code, 2006 for being declared the petitioners as a bhumidhar with the transferable right against the arazi/Khasra no. 316M area 0.5060 hectare situated at Village-Saidpur Husainpur Deelana, Tehsil-Modi Nagar, District-Ghaziabad." 3. Contention of the learned counsel for the petitioner is that an application dated 08.11.2023 has been filed by the petitioner for grant of benefit under Section 76(2) of U.P. Revenue Code, 2006 and the same is still pending before respondent no. 3. He prayed that the same may be decided, expeditiously. 4. No useful purpose would be served in keeping this petition pending. 5. Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, the present petition stands disposed of finally with a direction to respondent No. 3 to consider and decide the aforementioned application filed by the petitioner, in accordance with law, expeditiously, preferably within a period of three months from the date of production of a certified copy of this order after ensuring service upon all the opposite parties and giving opportunity of hearing to the parties concerned and without granting unnecessary adjournments to either of the parties provided that there is no other legal impediment. Order Date :- 22.5.2025/Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad