Jagjeet Singh vs State Of U.P. And 50 Others
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Allahabad High Court

Jagjeet Singh vs State Of U.P. And 50 Others on 22 December, 2023

Author: Saurabh Srivastava

Bench: Saurabh Srivastava

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


Neutral Citation No. - 2023:AHC:243067
 
Reserved on  03.08.2023
 
Delivered on 22.12.2023
 
Court No. - 52
 

 
Case :- WRIT - C No. - 14469 of 2023
 

 
Petitioner :- Jagjeet Singh
 
Respondent :- State Of U.P. And 50 Others
 
Counsel for Petitioner :- Parvez Alam,Dileep Singh Yadav
 
Counsel for Respondent :- C.S.C.,Hari Narayan Singh,Nand Lal Pandey,Shiv Kumar Yadav,Suyash Pandey
 

 
Hon'ble Saurabh Srivastava,J.
 

1. Heard Sri Parvej Alam along with Sri Dileep Singh Yadav, learned counsel for petitioner and Sri Nand Lal Pandey, learned counsel for private respondents as well as Sri Prabhakar Tripathi, learned Standing Counsel for the State-respondent nos.1 to 5 and Sri Hari Narayan Singh, learned counsel for respondent no.6 i.e. Gram Sabha.

2. The present petition has been filed for seeking quashing of the order dated 01.04.2023 passed by respondent no.3 i.e. Additional Commissioner, Kanpur Division, Kanpur in Case No.1010 of 2022 (Ram Prasad and others Vs. Land Management Committee).

3. Learned counsel for petitioner submitted that the allotment which was made in favour of respondent nos.7 to 51 in shape of lease, is illegal broadly on the ground that the Land Management Committee vide resolution dated 04.12.2020 included the land which was extended in shape of lease in favour of petitioner way back in the year 2004 itself but by perusal of the objection raised by petitioner on dated 10.11.2021 before respondent no.4, it is apparent that no such documentary evidence has been appended with the same through which it may be inferred that there was any extension of lease in favour of petitioner approved by the competent authority for particular plot.

4. Per contra, Sri Nand Lal Pandey, learned counsel for private respondents relied upon the judgment rendered by Hon'ble the Supreme Court in the case of Ayaaub Khan Noor Khan Pathan Vs. State of Maharashtra and others [(2013) 4 SCC 465] and the same has been relied by a Coordinate Bench of Lucknow High Court in the case of Ghanshyam Verma and others Vs. State of U.P. and others (Misc. Single No.13312 of 2021) which is fully applicable in this matter, wherein it has been held that the person who is not aggrieved, is having no cause of action for raising objection over extension of lease in favour of private persons.

5. In view thereof, petition lacks merit and is hereby dismissed.

Order Date :- 22.12.2023

Vivek Kr.

(Saurabh Srivastava,J.)