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2025 DAILYLAW 97825 (ALL)

SARJU PRASAD v. STATE OF U.P. AND 22 OTHERS

WPIL/3034/2025 · 2025-10-08

Chandra Kumar Rai

Public Interest Litigationbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 3034 of 2025 Court No. - 55 HON'BLE CHANDRA KUMAR RAI, J. 1. Heard Sri Mahendra Pratap Tiwari, learned counsel for the petitioner, Sri Rajesh Kumar Tiwari, learned Addl. C.S.C. for the state respondents and Sri Pankaj Kumar Gupta, learned counsel for the respondent-gaon sabha. 2. The instant Public Interest Litigation (P.I.L.) has been filed for the following relief:- "Issue, a writ, order of direction in the nature mandamus, commanding and directing the respondent nos.2 to 5 to cancel the Patta allotted in favour of respondent no.6 to 23 of Arazi No. 146M, area 0.1490 hect. and Gata No. 137 area 0.151 hectare in part of 0.034 hectare situated at Village-Bhadawal Kala, Paragana -Amroha,Tehsil -Harraiya District -Basti." 3. Counsel for the petitioner submitted that patta allotted in favour of respondent nos. 6 to 23 in respect to arazi no.146M, area 0.1490 hect. and plot no.137, area 0.151 hect. should be cancelled in view of the grounds set up in the instant Public Interest Litigation. 4. Instruction dated 24.9.2025 sent by Tehsildar, Haraya, Basti is taken on record. 5. On the other hand, learned Addl. C.S.C. on the basis of instruction dated 24.9.2025 submitted that proceeding for cancellation of lease is pending before the revenue court, as such, the instant Public Interest Litigation cannot be entertained. He placed the averments made in the Versus Counsel for Petitioner(s) : Mahendra Pratap Tiwari Counsel for Respondent(s) : C.S.C., Pankaj Kumar Gupta Sarju Prasad .....Petitioner(s) State Of U.P. And 22 Others .....Respondent(s) instruction dated 24.9.2025 in order to demonstrate that proceeding for cancellation is pending before the authorities. 6. In reply, counsel for the petitioner submitted that proceeding which is pending for cancellation of patta is in respect of the lease executed in the year 2001 and the instant Public Interest Litigation has been filed in respect of the lease executed in the year 2025. 7. Learned Addl. C.S.C. shall serve a copy of the instruction dated 24.9.2025 upon the counsel for the petitioner during the course of the day. 8. In the U.P. Revenue Code, 2006, provisions have been prescribed for cancellation of the lease, as such, the instant Public Interest Litigation filed with the prayer to cancel the lease, cannot be entertained. 9. The instant Public Interest Litigation is dismissed accordingly. October 9, 2025 C.Prakash WPIL No. 3034 of 2025 2 (Chandra Kumar Rai,J.) Digitally signed by :- CHANDRA PRAKASH High Court of Judicature at Allahabad