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2025 DAILYLAW 57314 (ALL)

DALCHAND AND 6 OTHERS v. STATE OF U.P. AND 4 OTHERS

WRIC/15585/2025 · 2025-05-21

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:86601 Court No. - 35 Case :- WRIT - C No. - 15585 of 2025 Petitioner :- Dalchand And 6 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 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, Khasra No. 819M area 0.7590 hectare, Khasra no. 857M area 0.7590 hectare, Khasra no. 994 area 0.2780 hectare Khasra no. 1237 area 0.253 hectare & Khasra no. 1238 area 0.3790 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 16.11.2023 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, Khasra No. 819M area 0.7590 hectare, Khasra no. 857M area 0.7590 hectare, Khasra no. 994 area 0.2780 hectare, Khasra по. 1237 area 0.253 hectare & Khasra no. 1238 area 0.3790 hectare situated at Village-Saidpur Husainpur Deelana, Tehsil-Modi Nagar, District- Ghaziabad." 3. Contention of the learned counsel for the petitioners is that the aforementioned application is pending before respondent no.3 for adjudication. He prayed that the same may be decided expeditiously. 4. No useful purpose would be served in keeping this petition pending. 5. The present petition stands disposed of finally with a direction to the respondent No. 3 to consider and decide the aforementioned application of the petitioners, 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 respondents, after giving opportunity of hearing to the parties concerned and after giving a reasonable opportunity of leading evidence in respect of their case provided that there is no other legal impediment. Order Date :- 22.5.2025/Priya (Manish Kumar Nigam, J.) Digitally signed by :- PRIYA KUSHWAHA High Court of Judicature at Allahabad