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2025 DAILYLAW 91589 (ALL)

REJENDRA SINGH AND 6 OTHERS v. State of U.P. AND 5 OTHERS

WRIC/29042/2024 · 2025-05-22

S Q H Rizvi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:88685 Court No. - 34 Case :- WRIT - C No. - 29042 of 2024 Petitioner :- Rejendra Singh And 6 Others Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Shailendra Singh,Shyam Singh Counsel for Respondent :- C.S.C.,Krishna Kant Singh Hon'ble Syed Qamar Hasan Rizvi,J. 1. Heard Sri Shailendra Singh, learned counsel for the petitioners; Sri Nand Lal Maurya, learned Standing Counsel for the State-respondents and Sri Krishna Kant Singh, learned counsel for the Land Management Committee/respondent nos.5 and 6. 2. By means of the present writ petition, the petitioners have prayed for the following relief: "Issue writ, order or direction in the nature of mandamus commanding and directing the respondent no.3/Sub Divisional Officer, Etah to take decision in accordance with law on the allotment of lease of Village Horchi, Paragana Marhara, Tehsil and District Etah by which 249 persons have been allotted land by resolution dated 24.11.2023 by the Land Management Committee, Horchi Block Khand Nidhauli Kalan, Tehsil and District Etah, with the preference list R.C. form 30 and 31 but the same has not been approved yet by the respondent no.3 and matter is pending before the respondent no.3 for approval under Rule 121 of U.P. Revenue Code Rules, 2016." 3. Submission of the learned counsel for the petitioners is that the Land Management Committee (respondent nos.5 and 6) passed a resolution for allotment of land in favour of 249 persons including the petitioner and the same was sent to the Sub Divisional Officer concerned but till date the same is pending for approval as required under Rule 121 of the U.P. Revenue Code Rules, 2016. 4. This Court vide order dated 20.05.2025 granted time to the learned counsel appearing on behalf of the respondent-Gaon Sabha to seek specific instructions as to when the aforesaid resolution was forwarded to the Sub Divisional Officer concerned for approval. 5. Sri Krishna Kant Singh, learned counsel appearing on behalf of the Land Management Committee very fairly submits that the aforesaid resolution was admittedly passed on 24.11.2023 but the same could not get approval of the Sub Divisional Officer concerned due to some miscommunication. 6. Learned Standing Counsel appearing on behalf of the State-respondents submits that since no proposal/resolution was ever received in the office of the Sub Divisional Officer, Etah, therefore was no occasion for its approval. 7. Taking into consideration the aforesaid situation, this Court is of the view that no useful purpose would be served to keep the writ petition pending. 8. Accordingly, with the consent of the parties present, the present writ petition is disposed of with liberty to the petitioners to move a fresh representation before the Sub Divisional Officer, Etah (respondent no.3) along with copy of the said proposal/resolution dated 24.11.2023. 9. It is provided that in case if such a representation is filed by the petitioners before the respondent no.3 within a period of three weeks from today, the Sub Divisional Officer, Etah (respondent no.3) shall call for a report from Secretary of the concerned Land Management Committee along with original record of the resolution dated 24.11.2023 passed by the Land Management Committee (respondent no.5), within a period of one week from the date of presentation of the aforesaid representation and shall take appropriate decision on the same, strictly in accordance with law, within a maximum period of one month, thereafter. 10. With the aforesaid direction, the present writ petition is disposed of. Order Date :- 23.5.2025/Abhishek Gupta Digitally signed by :- ABHISHEK GUPTA High Court of Judicature at Allahabad