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Neutral Citation No. - 2025:AHC:135134 Court No. - 33 Case :- WRIT - C No. - 26800 of 2025 Petitioner :- Radheshyam Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Amit Kumar Shrivastava,Brijesh Kumar Pandey Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J.
1. The petitioner has preferred the present writ petition inter-alia with the following prayer:-
"A. Issue a writ, order or direction in the nature of certiorari quashing the impugned
order dated 01.12.2023 passed by the Respondent No. 1 by which the application of the petitioner dated 22.01.2022 and 21.11.2022 (Annexure No.3 to this writ petition)."
2. It appears from perusal of the record that various objections were raised by the petitioner regarding the loan taken by him from the Respondent No. 4 namely Zila Sahkari Bank Ltd. Basti, Branch Mehdawal, District Sant Kabir Nagar. It further reveals from perusal of the record that since the aforesaid loan was not repaid the land of the petitioner was auctioned in favour of U.P. State Government in the year
1976.
3. It is argued that since the entire payment was subsequently made, no dues certificate was issued by the authority in favour of the petitioner.
4. In this view of the matter, certain representations were made by the petitioner to release the land which has been auctioned in favour of the State-Government. Three members committee was constituted by the Respondent No.2 namely Sub- Divisional Magistrate, Tehsil Mehdawal, District Sant Kabir Nagar, and the aforesaid committee submitted its report before the Respondent No. 2 on 01.12.2023 which is under challenge in the present writ petition.
5. After some arguments, counsel for the petitioner confined his prayer and prayed that Respondent No. 2/ Sub-Divisional Magistrate, Tehsil Mehdawal, District Sant Kabir Nagar before whom the aforesaid report was submitted by the Committee is
directed to take a decision in the matter, expeditiously.
6. This prayer has not been opposed by the learned Standing Counsel appearing on behalf of Respondents No. 1, 2 & 3.
7. In this view of the matter and also in the interest of justice, the present writ
petition is disposed of finally directing the Respondent No. 2/ Sub-Divisional Magistrate, Tehsil Mehdawal, District Sant Kabir Nagar to take a decision on the aforesaid report submitted by the petitioner within a period of four weeks from the date of presentation of certified copy of this order, unless there is no legal impediment.
8. Needless to say that in case the decision has already been taken, the same will be communicate to the petitioner forthwith.
Order Date :- 11.8.2025 Swati Digitally signed by :- SWATI PATHAK High Court of Judicature at Allahabad