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2025 DAILYLAW 7868 (ALL)

MANOJ AND 8 OTHERS v. STATE OF U.P. AND 8 OTHERS

WRIC/1372/2025 · 2025-02-10

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:19636 Court No. - 34 Case :- WRIT - C No. - 1372 of 2025 Petitioner :- Manoj And 8 Others Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Vageesh Pandey,Vandana Pandey Counsel for Respondent :- C.S.C.,Vageesh Pandey Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the record. 2. This writ petition has been filed for the following reliefs:- "(i) a writ order or direction in the nature of MANDAMUS direct the respondent no. 2 and 3 to removed the illegal possession from the respondent no. 5 to 9 over the petitioners Gata No. 58, area 0.269 hectare legally allotted by respondent no. 4/ Gram Panchayat of Village Brahmpur Kundan, Tehsil- Faridpur, District- Bareilly. (ii) a writ order or direction in the nature of MANDAMUS direct the respondent no. 2/ District Magistrate, District- Bareilly to decide the representation of the petitioners dated 13.11.2024 within stipulated period of time as fixed by this Hon'ble Court." 3. Contention of learned counsel for the petitioners is that lease was granted to the petitioners in the year 2019, but the petitioners have not been put in possession over the leased land. It has been further contended that in view of Section 129 of the U.P. Revenue Code, 2006, it is incumbent upon the respondent to have put the petitioners in possession over the land allotted to the petitioners. 4. Since the petitioners have already represented, therefore, no useful purpose would be served in keeping this petition pending. 5. Accordingly, the writ petition is disposed of with direction to respondent No. 2- District Magistrate, District Bareilly to decide the representation of the petitioner in view of the provisions of Section 129 of the U.P. Revenue Code, 2006, within three months from the date of production of a certified copy of this order after providing opportunity of hearing to all the affected persons, in accordance with law. Order Date :- 11.2.2025 Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad