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2025 DAILYLAW 75105 (ALL)

JAVED HUSAIN v. STATE OF UP AND 3 OTHERS

WRIC/22733/2025 · 2025-07-16

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:116132 Court No. - 34 Case :- WRIT - C No. - 22733 of 2025 Petitioner :- Javed Husain Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Ajay Kumar Singh Yadav,Divyansh Counsel for Respondent :- Arun Kumar Pandey,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 call for records and quash the impugned auction dated 15.05.2025, made by the Gram Pradhan, Village Bhainsodi, Milak, Rampur, which is annexed as Annexure no. to the writ petition. II. Issue a writ, order or direction in the nature of Mandamus command the Gram Pradhan Village Bhainsodi, Milak, Rampur not to proceed further pursuant to illegal auction dated 15.05.2025 till the disposal of petitioner's representation dated 16.05.2025 in view of the provisions made in The U.P. Gram Sabha, Gram Panchayat and Bhumi Prabandhak Samiti Manual. III. Issue a writ, order or direction in the nature of Mandamus command the respondent no.3/ Tehsildar, Milak, Rampur to consider and decide the petitioner's representation dated 16.05.2025 in view of the provisions made in The U.P. Gram Sabha, Gram Panchayat and Bhumi Prabandhak Samiti Manual, which is annexed as Annexure No. 8 to the writ petition." 2. It is contended by learned counsel for the petitioner that objection under Rule 58(4) of U.P. Gram Sabha, Gram Panchayat and Land Management Committee Manual is pending consideration before respondent no. 2 since 2019. The sole prayer made in the writ petition is for expeditious disposal of the same. 3. 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 objection of the petitioner under Rule 58(4) of U.P. Gram Sabha, Gram Panchayat and Land Management Committee Manual, 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. 4. With the aforesaid directions, writ petition stands disposed of. 5. It is made clear that this Court has not adjudicated the matter on merits. Order Date :- 17.7.2025 Kushal Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad