RAM KISHAN @ UDHAM PAL AND ANOTHER v. STATE OF U.P. AND 2 OTHERS
WRIC/16582/2025 · 2025-07-20
S Q H Rizvi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 60379 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 60379 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:118301 Court No. - 35 Case :- WRIT - C No. - 16582 of 2025 Petitioner :- Ram Kishan @ Udham Pal And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vandana Singh Parmar Counsel for Respondent :- C.S.C. Hon'ble Syed Qamar Hasan Rizvi,J.
1. Heard Ms. Vandana Singh Parmar, learned counsel for the petitioners and Sri Jitendra Narain Rai, learned Additional Chief Standing Counsel appearing for the State-respondents. 2. By means of the present writ petition the petitioners have prayed for the following relief:
"I. Issue a writ, order or direction in the nature of mandamus directing the District Magistrate, Bareilly / respondent no. 2 to direct the Revenue Authorities to change the nature of land and make its demarcation and further direct the police authorities to facilitate the construction of Pakka house on Arazi No. 88, located at Village-Etauriya, Shivpuri, Tehsil- Faridpur, District Bareilly. II. Issue a writ, order or direction in the nature of mandamus directing the District Magistrate, Bareilly / respondent no. 2 to consider and decide the representation dated 05.03.2025 made by petitioner (annexure no. 4 to the writ petition)."
3. Learned Additional Chief Standing Counsel for the State- respondents has raised an objection regarding the maintainability of the writ petition. His submission is that since there is nothing on record to indicate that the petitioner has ever moved any application under Section 24 of the U.P. Revenue Code, 2006 before the authority concerned, as such, the relief prayed for in the present writ petition cannot be granted. 4. Confronted with the aforesaid objection, Ms. Vandana Singh Parmar, learned counsel appearing on behalf of the petitioner submits that she may be permitted to withdraw the present writ petition with liberty to the petitioner to move appropriate application under Section 24 of the U.P. Revenue Code, 2006 before the Sub Divisional Officer concerned. 5. Taking into consideration the aforesaid situation, this Court is of the view that no useful purpose would be served to keep this writ petition pending. 6. Accordingly, the prayer made by the learned counsel for the petitioner is accepted and the petitioner is permitted to
withdraw the present writ petition with liberty granted to the petitioners to file application under Section 24 of the U.P. Revenue Code, 2006 in accordance with law. 7.
It is provided that in case if such an application is moved within the period of two weeks from today, the Sub Divisional Officer, concerned shall consider the same and pass appropriate orders in accordance with law within a period of three months from the date of filing of the said application, before it. 8. The writ petition is accordingly disposed of with the aforesaid observations and direction. Order Date :- 21.7.2025 Arif Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad