JITENDAR AND ANOTHER v. STATE OF U.P. AND 4 OTHERS
WRIC/29912/2025 · 2025-09-07
Prakash Padia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 89362 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 89362 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 29912 of 2025 Court No. - 33 HON'BLE PRAKASH PADIA, J.
1. Heard Sri Sanjay Kumar Dubey, leanred counsel for the petitioners, learned Standing for the State-respondents no.1 to 3, Sri Pradeep Singh,
learned counsel for respondent no.4 and Sri V.K. Singh, learned Senior counsel assisted by Sri Ankur Azad, learned counsel for respondent no.5.
2. The petitioner has preferred the present petition inter alia with the prayer to quash the impugned order dated 18.07.2025 passed by Commissioner, Vindhyachal Division, Vindhyachal, under Section 27 (4) of the U.P. Imposition of Ceiling on Land Holdings Act, 1960.
3. Preliminary objection has been raised by Sri V.K. Singh, learned Senior counsel that the present petition is not maintainable on behalf of the petitioners', since they have no locus to challenge the aforesaid order.
4. It is further argued that the land in question was never allotted in favour of the petitioners, hence the proceedings were initiated against the several persons including the respondent no.5.
5. It is argued by learned counsel for the petitioners that the petitioners were moved an application before the respondent no.2 on 28.11.2024, hence they have full right to challenge the order passed by respondent no.2. It is further argued that their objection has not been at all taken into
consideration.
6. In response to the same, it is argued by learned Senior counsel that the aforesaid objection was not raised by the petitioners', at the time of Versus Counsel for Petitioner(s) : Sanjay Kumar Dubey Counsel for Respondent(s) : C.S.C., Mayank Singh, Pradeep Singh Jitendar And Another .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s)
proceeding, which is clear from the objection/application, itself.
7. At this point of time, a prayer has been made by learned counsel for the petitioner to dismiss the present petition with liberty to file a fresh petition.
8. The aforesaid prayer has not been opposed by counsel for the respondents.
9. Accordingly, the present petition is dismissed as not pressed with the aforesaid liberty.
10. Office is directed to return the certified copy of the impugned order to the learned counsel for the petitioners after retaining the photocopy of the same on record. September 8, 2025 S.K.
WRIC No. 29912 of 2025 2 (Prakash Padia,J.) Digitally signed by :- SWEETY KANOJIA High Court of Judicature at Allahabad