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2025 DAILYLAW 81130 (ALL)

NAGAR PALIKA PARISHAD v. STATE OF U.P. AND 3 OTHERS

WRIC/25426/2025 · 2025-09-14

Arun Kumar, Manoj Kumar Gupta

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 25426 of 2025 Court No. - 21 HON'BLE MANOJ KUMAR GUPTA, J. HON'BLE ARUN KUMAR, J. 1. The petitioner has assailed an order dated 19.7.2025, passed by District Magistrate, Rampur, rejecting the representation of the petitioner. The decision has been taken in pursuance of the direction issued on 22.4.2025 by this Court in Writ - C No. 12013 of 2025. 2. The said writ petition was filed by Nagar Palika Parishad, Swar, District Rampur, alleging that the property in dispute has vested in Nagar Palika Parishad under the provisions of the U.P. Zamindari Abolition and Land Reforms Act, 1951, but District Horticulture Officer, Rampur (respondent no. 4) is interfering in the possession of the petitioner. The District Magistrate has held that as per revenue records, the subject land is recorded as Mahakma Bagat/Bag Vibhag. At present, the subject land is in possession of Horticulture Department. Name of Nagar Palika Parishad (the petitioner herein) is not recorded in the revenue records in 1358 - 1402 fasli. 3. Sri Anil Bhushan, learned Senior Counsel, assisted by Sri Sanjeev Kumar Pandey, appearing for the petitioner, tried to show that the subject land has vested in the petitioner. 4. As the issue relates to vesting of Government land and the dispute is between Nagar Palika Parishad and a Government Department, we deem it appropriate to permit the petitioner to represent before the Government, i.e. respondent no. 1, so that respondent no. 1 may examine the matter and resolve the dispute. Versus Counsel for Petitioner(s) : Sanjeev Kumar Pandey Counsel for Respondent(s) : C.S.C. Nagar Palika Parishad .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) 5. At this stage, Sri Anil Bhushan, learned Senior Counsel, states that the petitioner would represent before respondent no. 1 and it may be directed to consider the same. 6. Accordingly, the writ petition is disposed of with liberty to the petitioner to represent before respondent no. 1 along with true attested copy of the instant order and supporting evidence and in which event, respondent no. 1 after hearing the petitioner and respondent no. 4, will take appropriate decision in the matter expeditiously. September 15, 2025 Jaideep/- WRIC No. 25426 of 2025 2 (Arun Kumar,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- JAIDEEP BANERJEE High Court of Judicature at Allahabad Digitally signed by :- JAIDEEP BANERJEE High Court of Judicature at Allahabad