HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 31464 of 2025 Court No. - 34 HON'BLE ROHIT RANJAN AGARWAL, J. 1. This writ petition has been filed with the following prayer: "(1) Issue a writ of mandamus directing the respondent No.2 & 3 decide the representation dated 01.08.2025, regarding to drop the proposal Gram Sabha dated 22.07.2025 datwithin short stipulated period as prescribed by this Hon'ble Court. ii) Issue a writ of mandamus directing the respondents not to interfere in the peaceful possession of petitioner (i)Issue any other writ, order or direction which this Hon'ble Court may deem fit and proper in the nature and circumstances of the case." 2. It is contended that the petitioner had filed a declaratory suit under Section 229B of the U.P.Z.A. and L.R. Act way back in the year 1992 against the State for granting him the rights over Gata No. 213 and 214 which is the land of the Gaon Sabha. The Gaon Sabha had filed its objection before the court concerned and claimed the land to be of Gaon Sabha which cannot be settled with the petitioner. It appears that the Sub-Divisional Officer, Mohammadabad, District Ghazipur, after framing the issue had held the land to be in possession of the petitioner without recording any finding as to Issue no. 2 as to whether the land belongs to Gaon Sabha/State. 3. From the perusal of the judgment dated 11.05.1992, it is clear that the case of the petitioner was that the land recorded as Arazi No. 200B was recorded in the revenue record as 'pokhari' and during the rainy season, it was filled with water. Moreover, the trees were standing over Arazi No. 213 and 214, which belongs to the Gaon Sabha. Once the claim of the petitioner himself in the declaratory suit was that the land was of the Gaon Sabha and Gaon Sabha in its objection has already claimed the land, there stood no occasion Versus Counsel for Petitioner(s) : Ashish Mishra, Girja Shanker Mishra, Pratiksha Rai Counsel for Respondent(s) : Bhupendra Kumar Tripathi, C.S.C. Sakir .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) for decreeing the suit filed by the petitioner under Section 229B. This Court is amazed by the finding recorded by the Sub-Divisional Officer, Mohammadabad, District Ghazipur, decreeing the said suit without recording any finding as to Issue no. 2, as to whether the disputed land belongs to Gaon Sabha/State or not. Once no such finding has been recorded as to the ownership of the land, merely on the basis of the possession the suit could not have been decreed under Section 229B in favour of the petitioner. 4. The present writ petition has been filed seeking a direction upon the respondent-authorities to decide the representation in backdrop of the proposal of the Gaon Sabha dated 22.07.2025. This Court finds that no such direction can be issued as the decree dated 11.05.1992 passed by the Sub- Divisional Officer, Mohammadabad, District Ghazipur, is nullity in itself. 5. Considering the facts and circumstances of the case, this Court set asides the decree dated 11.05.1992 passed by the Sub-Divisional Officer, Mohammadabad, District Ghazipur in proceedings under Section 229B of the U.P.Z.A. and L.R. Act in Case No. 456 (Sakir Vs. Gaon Sabha). 6. The writ petition is misconceived and stands dismissed. September 10, 2025 A. V. Singh WRIC No. 31464 of 2025 2 (Rohit Ranjan Agarwal,J.) Digitally signed by :- AJAY VIKRAM SINGH High Court of Judicature at Allahabad