Neutral Citation No. - 2025:AHC:110157 Court No. - 35 Case :- WRIT - C No. - 30271 of 2024 Petitioner :- Phool Chand Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Chandra Kumar,Sushil Chandra Tripathi Counsel for Respondent :- Bhupendra Kumar Tripathi,C.S.C. Hon'ble Syed Qamar Hasan Rizvi,J. 1. Sri Chandra Kumar, learned counsel for the petitioner, Sri Nandlal Maurya, learned standing counsel appearing for the State-respondent nos. 1 to 3 and Sri Sudhanshu Shukla, Advocate holding brief of Sri Bhupendra Kumar Tripathi, learned counsel for the Gaon Sabha / respondent no. 4 are present. 2. By means of the present writ petition the petitioner has prayed for the following relief: "a) issue a writ, order or direction in the nature of mandamus commanding the respondent no. 2 to record the name of the petitioner over Gata No. 236 situated at Village-Newada, Post-Gadware, District- Jaunpur. b) issue a writ, order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case." 3. Precisely, the submission of the learned counsel for the petitioner is that the petitioner is in possession of the plot having Gata No. 236M measuring 0.02 hectare. The petitioner is having Kaccha house over the abadi land that exits before 3rd June, 1985. He further submits that in the year 2005 proceeding under Section 122B read with Rule 115C was initiated against the petitioner. The said proceeding came to be dismissed on 31.12.2007 by the Tehsildar, Machhalishahar, District Jaunpur. 4. The case of the petitioner is that the rights of the petitioner have been established due to his long possession over the land in question and further he belongs to the Scheduled Caste community. 5. It has been further submitted on behalf of the petitioner that the petitioner moved an application dated 28.12.2023 before the Sub Divisional Officer, Tehsil Machhalishahar, District Jaunpur but the same has not been considered till date. 6. Learned standing counsel appearing on behalf of the State has opposed the present writ petition on the ground that after the enforcement of the U.P. Revenue Code, 2006, the petitioner ought to have moved application under Section 67A of the U.P. Revenue Code, 2006. 7. In view of the aforesaid circumstances, this Court without adverting on the merits of the case, deems it appropriate to finally disposed of the present writ petition by granting liberty to the petitioner to prefer a fresh application under Section 67A of the U.P. Revenue Code, 2006 before the Sub Divisional Officer, Machhalishahar, District Jaunpur along with all relevant documents, within a period of two weeks from today. In case if such an application is filed in accordance with the relevant rules, within the aforesaid period of two weeks, the same shall be entertained by the Sub Divisional Officer, Machhalishahar, District Jaunpur in accordance with law and appropriate orders on the same shall be passed within a maximum period of three months from the date of presentation of the aforesaid application before the authority concerned. 8. It is made clear that this Court has not entered into the merits of the case and the concerned authority shall dispose of the aforesaid application by passing appropriate orders on the same strictly in accordance with law after giving due opportunity of hearing to the parties concerned. 9. The writ petition is accordingly disposed of. Order Date :- 10.7.2025 Arif Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad