Neutral Citation No. - 2025:AHC:144014 Court No. - 34 Case :- WRIT - C No. - 28248 of 2025 Petitioner :- Bhagwan Singh And 4 Others Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Pankaj Kumar Singh,Sr. Advocate Counsel for Respondent :- C.S.C. Hon'ble Rohit Ranjan Agarwal,J. 1. This writ petition has been filed with the following prayer:- "(a). Issue an appropriate order, Writ or directions commanding and directing the Respondent No.-2 & 3 to make the Petitioners as necessary contesting party in case No.748/2025 u/s 128 of U.P. Revenue code 2006 to provide an opportunity of hearing to the Petitioners and it is further prayed to issue an appropriate Writ, order or directions to Respondent No.2 for maintaining Status Quo over the impugned land, in the interest of justice to the Petitioners. (b). Issue an appropriate order, Writ or directions in the nature of Mandamus commanding and directing the Respondent No.-2 to take Suo Moto cognizance under section 128 U.P. Revenue code 2006 and related Rules in the matter of fraudulent allotment of Land Patta to Respondent No.-4 on the basis of false, fabricated and forged papers after affording an opportunity to Petitioners of putting their evidences and claims, in the interest of justice to the Petitioners. (c). Issue an appropriate ad- interim Writ, Order, or Directions in the nature of Mandamus to maintain Status quo and stay on sale purchase of the Impugned Land in case No.748/2025 during pendency of this Writ Petition." 2. Petitioners before this Court claim that they are entitled for allotment of Gaon Sabha land in order of preference under Section 198 of the U.P.Z.A. and L.R. Act, 1950, now, Section 126 of the U.P. Revenue Code, 2006, being uneducated and poor. According to them, the land was allotted to one Jandel Singh, respondent no. 4. Proceedings for cancellation of allotment has been initiated against respondent no. 4 by some of the villagers which has been registered as Case No. 748 of 2025 under Section 128 of the U.P. Revenue Code, 2006. 3. Petitioners have moved an application before the Collector, Agra, praying for the cancellation of the allotment made in favour of the respondent no. 4 in respect of Gata No. 117 situated in Village Rajpura and vesting the same in the Gaon Sabha so that it may be allotted to landless labourers and people belonging to the Scheduled Caste community. 4. Learned counsel for the petitioners submitted that petitioners had again represented the Collector, Agra on 29.05.2025 which had remained pending consideration. It is also stated that again an application was moved on 15.07.2025 which has remained pending. According to petitioners' counsel, the allotment made in favour of the respondent no. 4 should be cancelled and the property should vest in the Gaon Sabha so that it may be allotted to suitable persons. 5. Learned Standing Counsel has opposed the writ petition and submitted that the prayer made in the writ petition cannot be granted as cancellation proceedings are already underway and petitioners not being party in the said proceedings cannot maintain the present writ petition. 6. I have heard the respective counsel for the parties and perused the material on record. 7. It is an admitted case that land was allotted in favour of the respondent no. 4 on the resolution passed by the Land Management Committee having been approved by the Sub- Divisional Officer. Already proceeding for cancellation has been initiated on the application filed by some of the villagers whose disclosure has not been made in the writ petition. Case has been registered as Case No. 748 of 2025. Petitioners are not party in the said case nor they have made any proper disclosure of the case pending under Section 128 of the U.P. Revenue Code, 2006. 8. The applications filed on 12.05.2025, 29.05.2025 and 15.07.2025 reveals that petitioners want themselves to be impleaded as a party in the said proceedings and the allotment so made in favour of the respondent no. 4 be cancelled and the land be vested in the Gaon Sabha. 9. As no useful purpose would be served in keeping the matter pending and without calling for counter affidavit, this writ petition is disposed requiring the revenue authority where the application in proceeding under Section 128 of the U.P. Revenue Code, 2006 is pending consideration to take up the application filed by the petitioners and decide the same strictly on merits before the Case No. 748 of 2025 is finalised, after hearing all affected parties. 10. With the aforesaid directions, writ petition stands disposed of. Order Date :- 21.8.2025 A. V. Singh Digitally signed by :- AJAY VIKRAM SINGH High Court of Judicature at Allahabad