Sudha Devi v. State of U.P. and 4 Others

Court No. - 51 Case :- WRIT - C No. - 28124 of 2023 Petitioner :- Sudha Devi Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Kundan Kumar,Ruchi Srivastava,Vikram Counsel for Respondent :- C.S.C. Hon'ble Chandra Kumar Rai,J.

¶1Heard Mr. Vikram, Counsel for the petitioner and Mr. Rajesh Kumar Dwivedi, learned State Law Officer for the State-respondents.

¶2The instant petition has been filed for mandamus directing the respondent nos. 3 and 4 to decide the claim/ representation of the petitioner within stipulated period.

¶3Counsel for the petitioner submitted that petitioner is the daughter of deceased Ravikaran. He submitted that petitioner is entitled to be recorded on the basis of succession in place of Ravikaran. He submitted that authorities are not discharging their duties, as such, petitioner has filed an application before the authority which is annexed as Annexure No. 9 to the writ petition.

¶4I have considered the arguments advanced by learned Counsel for the parties and perused the records.

¶5There is no dispute about the fact that one Ravikaran was recorded tenure holder of the plot in dispute who expired on 5.7.2023.

¶6In view of the averment made in the application dated 15.7.2023, petitioner should avail proper remedy under Section 34 of the U.P. Revenue Code, 2006 for recording her name rather filing miscellaneous application before the authorities. No interference is required in the matter. Writ petition is dismissed accordingly. Order Date :- 31.10.2023 Vandana Y. High Court of Judicature at Allahabad