Saeed Aenuddin And 2 Others vs State Of U.P. And 3 Others
2023 Latest Caselaw 25452 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:180928
 
Court No. - 52
 

 
Case :- WRIT - C No. - 27265 of 2023
 

 
Petitioner :- Saeed Aenuddin And 2 Others
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Ram Pratap Singh,Reeta Singh
 
Counsel for Respondent :- C.S.C.,Bhupendra Kumar Tripathi
 

 
Hon'ble Saurabh Srivastava,J.

1. Heard Shri Ram Pratap Singh, learned counsel for the petitioners and Shri Rajesh Kumar Tiwari, learned Additional Chief Standing Counsel for the State respondents.

2. Present writ petition has been filed seeking a direction in the nature of mandamus to be issued in favour of the respondent no.3 to decide the application under Section 101 of U.P. Revenue Code, 2006 preferred by the petitioners on dated 04.01.2023 for exchange of land in accordance with the Government Order dated 13.10.2008, expeditiously.

3. Learned counsel for petitioners submits that grievance of petitioners would sufficiently be met in case, the aforesaid application is considered and decided in a time bound manner in accordance with the Government Order dated 13.10.2008.

4. In support of his submission, learned counsel for the petitioners relied upon the judgment passed by the Coordinate Bench of this Court in Writ C No. 59022 of 2010 (Prem Chandra Dubey and Anr. versus State of U.P. and Others) decided on 11.10.2010 through which the petition was disposed off with the specific directions to the respondent no. 4.

5. Learned Additional Chief Standing Counsel submitted that no useful purpose would be served in keeping the writ petition pending and an appropriate direction may be issued to respondent no. 3 to consider the grievance of the petitioner.

6. Be that as it may, without entering into the merits of the case as well as if there is no other legal impediment available, the respondent no. 3 is hereby directed to decide the application under Section 101 of U.P. Revenue Code, 2006 preferred by the petitioners on dated 04.01.2023 in light of Government Order dated 13.10.2008, as expeditiously as possible, preferably within a period of three month from the date a certified copy of this order is produced before him.

7. However it is provided that before arriving over the final decision over the application of the petitioners, full opportunity of hearing shall be afforded to all the concerned and affected parties.

8. With the aforesaid directions, the writ petition stands disposed off.

Order Date :- 19.9.2023

Vivek Kr.