Allahabad High Court
Santosh Kumar Mishra vs State Of U.P. Thru. Addl. Chief Secy. ... on 17 May, 2024
Author: Alok Mathur
Bench: Alok Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2024:AHC-LKO:38017
Court No. - 7
Case :- WRIT - C No. - 4429 of 2024
Petitioner :- Santosh Kumar Mishra
Respondent :- State Of U.P. Thru. Addl. Chief Secy. Revenue Deptt., Lucknow And Others
Counsel for Petitioner :- Sanjay Kumar Srivastava,Akshat Kumar
Counsel for Respondent :- C.S.C.
Hon'ble Alok Mathur,J.
1. Heard Shri Sanjay Kumar Srivastava, learned counsel for petitioner, learned Standing Counsel for respondents and perused the material available on record.
2. By means of the present writ petition, the petitioner has sought a direction in the nature of mandamus commanding the respondents to execute the order dated 16.01.2024 passed by the Additional Commissioner (Judicial), Ayodhya Division, Ayodhya in Revision No. 144 of 2024 (Santosh Kumar Mishra Vs. State of U.P. and others) and entering the said order in the revenue record pertaining to Gata No. 168 M measuring area 0.0380 hectare and Gata No. 175 Kha measuring area 0.4430 hectare situated at Village Mohammadpur Chauki, Pargana Devi Tehsil Nawabganj, District Barabanki.
3. It has been submitted by learned counsel for petitioner that Gata No. 110 measuring area 0-6-19 hectare and Gata No. 114 measuring area 10-15-0 hectare total area 2-1-19 hectare of Village Mohammadpur Chauki, Tehsil Nawabganj, District Barabanki was given on lease to the petitioner by the Pargana Adhikari, Sub Divisional Officer vide order dated 18.10.1985/30.10.1985 after the proposal dated 18.03.1985 submitted by the Land Management Committee was approved for purposes of construction of cold-storage. In pursuance of the aforesaid lease, the petitioner has raised construction and after consideration time, he moved an application to change the tenure from Bhoomidhari with non-transferable right to Bhoomidhari with transferable rights in revenue record. When the said application was not favourably considered, the petitioner had filed a petition before this Court being Writ-C No. 523 of 2023 (Santosh Kumar Mishra Vs. State of U.P. and others) wherein this Court by means of judgment and order dated 24.01.2023 directed the competent authority to consider the petitioner's application and pass appropriate orders in accordance with law. It is in pursuance of the direction of this Court, the Sub Divisional Officer, Nawabganj, Barabanki by means of order dated 23.12.2023 directed for deletion of name of the petitioner from the revenue record. The petitioner being aggrieved by the order dated 23.12.2023 preferred a revision before the Additional Commissioner (Judicial), Ayodhya Division, Ayodhya under Section 210 of the U.P. Revenue Code, 2006. The said revision was admitted and an interim order was passed in favour of the petitioner by means of order dated 16.01.2024 and the said revision is still pending consideration.
4. The grievance of the petitioner is that despite the order having been passed on 16.01.2024, staying the order of the Sub Divisional Officer, Nawabganj, Barabanki dated 23.12.2023, the same has not been incorporated in the revenue record due to which his name in the revenue record stands deleted. He submits that the orders passed by the revenue authorities are to be recorded in the revenue records and for which purposes, he has moved an application under Paragraph 460 of the Revenue Code Manual for execution of the order dated 16.01.2024 passed by the Additional Commissioner, Ayodhya Division, Ayodhya and submits that the application made by him should be decided with expedition, which is pending before the District Magistrate, Barabanki.
5. Learned Standing Counsel does not object to the prayer made by the petitioner.
6. In light of the above, this petition is disposed of with the direction to the Collector, Barabanki to pass appropriate orders on the application preferred by the petitioner under Paragraph 460 of the Revenue Code Manual with expedition, say within a period of two months from the date a certified copy of this order is produced before him, in accordance with law.
7. With the aforesaid observations/directions, this petition is disposed of.
.
(Alok Mathur, J.)
Order Date :- 17.5.2024
Virendra
