Savitri Devi and 3 Others v. State of U.P. and 2 Others

Court No. - 47 Case :- WRIT - C No. - 41913 of 2023 Petitioner :- Savitri Devi And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shiv Poojan,Raj Kumar Srivastava Counsel for Respondent :- C.S.C Hon'ble Manish Kumar Nigam,J.

¶1Heard learned counsel for the parties and perused the record.

¶2The instant writ petition has been filed seeking following relief :- "i) Issue a writ order or direction in the nature of mandamus directing to the respondents authority (respondent Nos.2 and 3) to entry the name of the legal heirs of the petitioners in place of the deceased father Late Bharat Singh of the petitioners in revenue record as per khatauni under Section Pa, Ka-11 U.P.Z.A. & L.R. Act or under Section 33 U.P. Revenue Code -2006 in Gata No. 420M area 0.2020 hectare, Gata No. 423M area 0.0240 hectare, Gata No. 425M area

0.1860 hectare and Gata No.433 area 0.3330 hectare Total Gata No.4 which is situated at Mauza Kakrahi, Tehsil and District Auraiya and correct our all revenue record.

ii) Issue a writ order or direction in the nature of mandamus directing to the respondents authority to decide the representation dated 15.04.2023 and reminder letters dated 22.06.2023 and 13.09.2023 which is pending in the office of the respondetn Nos. 2 and 3 for disposal till date."

¶3Learned Standing Counsel has raised a preliminary objection that petitioners may move an application u/s 34 of the U.P. Revenue Code, 2006 to get his name mutated in the revenue records.

¶4In view of the same, this Court is not inclined to interfere with the matter.

¶5Accordingly, the writ petition is disposed of with liberty to the petitioners to move an appropriate application u/s 34 of the U.P. Revenue Code, 2006. In case such an application is moved by the petitioners along with certified copy of this order within a period of three weeks from today, the same will be considered and decided, in accordance with law, expeditiously, preferably within a period of three months after giving opportunity of hearing to the parties concerned and without granting unnecessary adjournments to either of the parties provided there is no other legal impediment. Order Date :- 5.12.2023 Rishabh [Manish Kumar Nigam, J.] High Court of Judicature at Allahabad