Dalli Yadav vs State Of U.P. And 2 Others
2023 Latest Caselaw 2337 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 3
 

 
Case :- WRIT - C No. - 27986 of 2022
 

 
Petitioner :- Dalli Yadav
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Poonam Yadav,Raj Karan Yadav,Yadvendra Kumar Yadav
 
Counsel for Respondent :- CSC,Ravi Prakash Pandey
 

 
Hon'ble Surya Prakash Kesarwani,J.

Hon'ble Jayant Banerji,J.

Heard learned counsel for the petitioner and the learned standing counsel for the State-respondents.

This writ petition has been filed praying for the following relief:

"A. Issue a writ, order or direction in the nature of Mandamus directing the Respondents to abate the proceeding of Case No. 439/1477/81-82 (State Vs Ram Karan) Village Mahesh Pur, Pargana Dehat Ammanat, Tehsil-Sadar, District-Varanasi, under section 3 (2) (A) of The Urban Land (Ceiling and Regulation) Repeal Act, 1999 Act No-(15 of 1999).

B. Issue a writ, order or direction in the nature of Mandamus directing the Respondents to correct the revenue record in name of the land holder situated in Village Mahesh Pur, Pargana- Dehat Ammanat, Tehsil- Sadar, District-Varanasi."

On 15.11.2022, this court passed the following order:

"Learned counsel for the petitioner may bring on the record the revenue record to indicate that the name of the petitioner is still continuing in the revenue records.

Place this petition as fresh on 13.12.2022."

The petitioner has chosen not to comply with the aforequoted order dated 15.11.2022.

Perusal of the writ petition shows that the petitioner's land was declared surplus as back as in the year 1982. Despite being repeatedly asked, learned counsel for the petitioner could not state as to when the name of State was mutated in the revenue records (khatauni) over the disputed land. Under the circumstances, we do not find any good reason to entertain this writ petition after about 41 years of declaration of the disputed land as surplus.

In view of the of the aforesaid and also in view of the law laid down by Hon'ble Supreme Court in the case of State of Assam vs. Bhaskar Jyoti Sharma and others, (2015) 5 SCC 321 (Paras-16, 17 and 19) and the judgment by coordinate bench of this court in the case of Shiv Ram Singh vs. State of U.P. and others, 2015 (7) ADJ 630, we do not find any good reason to entertain this writ petition. Consequently, the writ petition is dismissed.

Order Date :- 23.1.2023

NLY