Mohd. Farooq @ Mohd. Farooq Ansari v. State of U.P. Thru. Prin. Secy. Revenue Deptt. U.P. Civil Secrt. Lko. and Others

Court No. - 3 Case :- WRIT - C No. - 10230 of 2023 Petitioner :- Mohd. Farooq @ Mohd. Farooq Ansari Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt. U.P. Civil Secrt. Lko. And Others Counsel for Petitioner :- Dinesh Kumar Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Vivek Chaudhary,J. Hon'ble Manish Kumar,J.

¶1Heard learned counsel for petitioner, learned Standing Counsel for the State and Sri Mohan Singh, learned counsel for respondent no.6.

¶2Petitioner has approached this Court claiming that he is having patta of Gata no.173 Minjumla, area 0.010 hectare, situated at village Maila Raiganj, Tehsil Sirauli Gauspur, District Barabanki, which has not been cancelled as yet, but still he has been unauthorizedly evicted from the property in dispute.

¶3Learned Standing Counsel, on instructions, states that possession is taken under Rule 115Q of the U.P.Z.A.& L.R. Rules, 1952.

¶4Be that as it may, petitioner may move a fresh representation before respondent no.3-Sub Divisional Magistrate, Tehsil Sirauli Gauspur, Barabanki, who shall decide the same in accordance with law by a reasoned and speaking order after hearing the petitioner, Gaon Sabha, State and any other necessary parties within a period of six weeks from the date a certified copy of this order along with representation is placed before him. In case patta has ever been cancelled by any order, copy of the said order shall also be provided to the petitioner.

¶5With the aforesaid direction, present writ petition stands disposed of. (Manish Kumar, J.) (Vivek Chaudhary, J.) Order Date :- 22.11.2023 Nitesh High Court of Judicature at Allahabad, Lucknow Bench