Lekharaj Singh v. State of U.P. and Another

Chief Justice's Court Case :- WRIT - C No. - 37702 of 2023 Petitioner :- Lekharaj Singh Respondent :- State of U.P. and Another Counsel for Petitioner :- Sanjay Kumar Mishra Counsel for Respondent :- C.S.C.,Anjali Upadhya Hon'ble Pritinker Diwaker,Chief Justice Hon'ble Ashutosh Srivastava,J.

¶1Heard Shri Sanjay Kumar Mishra, learned counsel for the petitioner, Shri A. K. Goel, learned Standing Counsel for the State-respondent and Mrs. Anjali Upadhyay, learned counsel for the respondent No. 2.

¶2The present writ petition has been filed seeking issuance of a writ of mandamus commanding the respondent No. 2 to execute the lease deed in respect of Plot No. 187-A and 187-B, situate at Village Dadha, Tehsil Sadar, District Gautam Budh Nagar in favour of the petitioner.

¶3Learned counsel for the petitioner submits that land of the petitioner was acquired and under the policy of the respondent, 5% of the abadi land was to be granted in favour of the petitioner. He further submits that for the said purpose, he has already preferred a representation on 18.7.2023, which is pending consideration with the respondent.

¶4He submits that purpose of filing the writ petition would stand served, if directions are issued to the respondent No. 2 to consider and pass appropriate order on the pending representation of the petitioner, within the time frame fixed by this Court.

¶5Smt. Anjali Upadhyay, learned counsel for respondent No. 2 submits that necessary orders would be passed on the pending representation as per the directions of this Court.

¶6Considering the aforesaid submissions, this Court is of the opinion that the writ petition can be disposed of by requiring the respondent No. 2 to consider and pass appropriate orders on the pending representation of the petitioner within a period of four weeks from the date of service of certified copy of the order of this Court.

¶7Needless to say that this Court has not expressed any opinion on the merits of the case and it shall be open for the respondent No. 2 to pass appropriate orders, strictly in accordance with law.

¶8With the aforesaid observation/directions, the writ petition stands disposed of. Order Date :- 1.11.2023 Ravi Prakash (Ashutosh Srivastava, J.) (Pritinker Diwaker, CJ) High Court of Judicature at Allahabad