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2025 DAILYLAW 74667 (ALL)

SMT. NEELAM SINGH v. THE STATE OF U.P. AND 3 OTHERS

WRIC/22514/2025 · 2025-07-15

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:115011 Court No. - 34 Case :- WRIT - C No. - 22514 of 2025 Petitioner :- Smt. Neelam Singh Respondent :- The State Of U.P. And 3 Others Counsel for Petitioner :- Mainuddin Ahamad Counsel for Respondent :- C.S.C. Hon'ble Rohit Ranjan Agarwal,J. 1. This writ petition has been filed with the following prayer:- "i. Issue a writ order or direction in the nature of certiorari directing the respondent no.3/ Sub Divisional Magistrate, Sadar, Mau to comply the order dated 26.3.2016 passed in case no.T20151551016460 under section 29/41 Land Revenue Act Mauza Pardaha Pargana Mohmmadabad Tehsil Maunath Bhajan, District Mau directing the area Lekhpal and revenue inspector to go on the spot and fixed the boundary mark around the arazi no.321/0.627 hectare as provided under section 41 of the U.P.Land Revenue Act as the respondent no.4 has already uprooted the fixed boundary mark around the arazi no.321/0.627 hectare three times which was fixed in compliance of the order dated 26.3.2016 passed by the respondent no.3, ii. Issue a writ order or direction in the nature of mandamus direction the respondent no.3 to take appropriate action upon the application dated 22.7.2024 submitted by the petitioner before the respondent no.2 for sending the team of revenue and police dependent on the spot i.e. arazi no.321 area 0.627 hectare and fixing the boundary marks around the land in dispute i.e. arazi no.321 area 0.627 hectare." 2. It is contended by learned counsel for the petitioner that proceedings under Section 29/41 of Land Revenue Act, 1901 was concluded by order dated 26.3.2016. Against the said order, the private respondent had filed restoration application which was rejected against which a revision was filed which was also dismissed. 3. Counsel for the petitioner submits that the said order till date has not been complied with. The sole prayer is for compliance of the said order. Ventilating his grievance, an application has been filed on 22.07.2024 before respondent No.3, which is pending consideration. 4. As no useful purpose would be served in keeping the matter pending, the writ petition is being disposed of, at the admission stage, without calling for counter affidavit or issuing notice to private respondents, with a direction upon respondent No.3 to decide the application dated 22.07.2024, in accordance with law, after hearing all affected parties, preferably within a period of two months from the date of production of certified copy of this order. 5. With the aforesaid directions, writ petition stands disposed of. 6. It is made clear that this Court has not adjudicated the matter on merits. Order Date :- 16.7.2025 Kushal Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad