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Neutral Citation No. - 2025:AHC:116339 Court No. - 33 Case :- WRIT - C No. - 29370 of 2024 Petitioner :- Rajbahadur Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Kalpana Singh,Sarvesh Kumar Pandey Counsel for Respondent :- C.S.C.,Vishesh Rajvanshi Hon'ble Prakash Padia,J.
1. The petitioner has preferred the present writ petition inter-alia with the following prayers:- (i) Issue a writ, order, or direction in the nature of mandamus directing the Respondent Nos. 2 and 3 to deliver possession to the petitioner of Arazi No. 475 (area 0.0240 hectares) and Arazi No. 476 (area 0.5350 hectares), totaling two plots with a combined area of 1.38 hectares, situated in Village Sunderpur Achalpur, Tehsil Ghiror, District Mainpuri, expeditiously within a time bound period as may be directed by this Hon'ble Court. (ii) Issue a writ, order, or direction in the nature of mandamus directing the Respondent No.2, the Collector/District Magistrate, Mainpuri, to examine the petitioner's grievance regarding the delivery of possession of Arazi No. 475 (area 0.0240 hectares) and Arazi No. 476 (area 0.5350 hectares), totaling two plots with a combined area of 1.38 hectares, situated in Village Sunderpur Achalpur, Tehsil Ghiror, District Mainpuri,and to act strictly in accordance with law. (iii) Issue a writ, order, or direction in the nature of mandamus directing the respondent no.3, the Prescribed Authority (Ceiling)/Additional Collector, Mainpuri, to decide the matter pending before them in accordance with the order dated 09.04.2012 passed by this Hon'ble Court in Writ- C No. 26342 of 1992 (Kamta Prasad Versus Commissioner and others) expeditiously within a time bound period as may be directed by this Hon'ble Court. 2.Initially vide order dated 07.11.2024 and 26.11.2024, learned Standing Counsel was granted time to seek instructions in the matter. Subsequently vide order dated 18.12.2024 on the request made by learned Standing Counsel, three weeks time was granted to file counter affidavit. Since no counter affidavit was filed, vide
order dated 26.05.2025 as a last opportunity time till 15.07.2025 was granted to file counter affidavit. Till date no counter affidavit has been filed.
3. Heard Ms. Kalpana Singh, learned counsel for the petitioner, learned Standing Counsel appearing on behalf of the State-respondents and perused the record.
4. From the perusal of record, it transpires that petitioner is seeking mandamus for delivery of possession in favour petitioner in respect of Arazi No. 475 (area 0.0240 hectares) and Arazi No. 476 (area 0.5350 hectares), totaling two plots with a combined area of 1.38 hectares, situated in Village Sunderpur Achalpur, Tehsil
Ghiror, District Mainpuri. In this regard, representations were made by the petitioner before the authority concerned, but till date no decision has been taken, hence the present writ petition.
5. In the facts and circumstances of the case and also in the interest of justice, the present petition is disposed of directing the petitioner to file fresh representation ventilating all his grievances before the authority concerned within a period of four weeks from today. If such a representation is filed within the stipulated period, the authorities concerned will pass appropriate orders on the aforesaid representation most expeditiously and preferably within a period of three months from the date of production of a certified copy of this order, if there is no legal impediment.
Order Date :- 17.7.2025 T.S. Digitally signed by :- TRIBHUWAN SINGH High Court of Judicature at Allahabad