Munna Lal Adopted v. State of U.P. and 3 Others

Court No. - 47 Case :- WRIT - C No. - 35597 of 2023 Petitioner :- Munna Lal Adopted Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Prem Sagar Verma,Gaurang Kulshreshtha Counsel for Respondent :- C.S.C.,Avinash Chandra Srivastava Hon'ble Manish Kumar Nigam,J.

¶1Heard learned counsel for the petitioner, learned Standing Counsel for the State and perused the record.

¶2This writ petition has been filed for following relief:

(i) TO ISSUE a writ, order or direction in the nature of mandamus directing the respondents not to dispossess the petitioner from his Bhumidhari land Gata No. 214 situate in village Ekhu (Mustafabad), Jasrana, Firozabad by demolishing the constructions existing thereon in any manner whatsoever without following the due process establish under law;

(ii) TO ISSUE a writ, order or direction in the nature of mandamus directing the respondent No.2 to consider and decide the application of the petitioner under Section 32 of the U.P. Revenue Code 2006 and to maintain the map/ khatauni of village Ekhu (Mustafabad), Jasrana, Firozabad by showing the actual position of Parikrama Marg, as per the report of the Tehsil dated 15.10.2015 as expeditiously as possible preferably within the time stipulated by this Hon'ble Court;

¶3Learned counsel for the petitioner confined his argument to the effect that writ, order or directions in the nature of mandamus be issued directing respondent No. 2 to consider and decide the application to the petitioner under Section 32 of the U.P. Revenue Code, 2006.

¶4No useful purpose would be served in keeping this petition pending.

¶5Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, the present petition stands disposed of finally with a direction to respondent No. 2-The District Magistrate, Firozabad to consider and decide the application of the petitioner under Section 32 of the U.P. Revenue Code, 2006, in accordance with law, expeditiously, preferably within a period of two months from the date of production of a certified copy of this order after giving opportunity of hearing to the parties concerned and without granting unnecessary adjournments to either of the parties provided that there is no other legal impediment. Order Date :- 2.11.2023 Nitika Sri. (Manish Kumar Nigam, J.) High Court of Judicature at Allahabad High Court of Judicature at Allahabad