Samasuddeen v. District Magistrate Prayagraj and 4 Others
Case brief
What is this about?
The Court held that a writ petition cannot be filed for possession of allotted land; the petitioner must approach the competent authority under Section 65 of U.P. Revenue Code, 2006. The writ is consigned to the record.
What the court decided
Court No. - 40
Case :- WRIT - C No. - 31743 of 2021
Petitioner :- Samasuddeen Respondent :- District Magistrate Prayagraj And 4 Others Counsel for Petitioner :- Shivendra Nath Singh Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J. Hon'ble Vikram D. Chauhan,J.
Petitioner wants possession of the land allegedly allotted to him by the Land Management Committee.
Nature of relief sought in the writ petition can always be obtained by approaching the competent authority in terms of Section 65 of U.P. Revenue Code, 2006. A writ petition would not lie for such relief, at the first instance.
Leaving it open for the petitioner to approach the competent forum, this writ petition is, therefore, consigned to records.
However, it is provided that in the event petitioner approaches the competent authority, the claim of the petitioner would be got examined after notices to the affected persons in accordance with law, expeditiously.
Order Date :- 17.12.2021 D. Tamang
Issues for consideration
2 issues framed by the court
Whether a writ petition is maintainable for possession of land allotted by the Land Management Committee.
Whether the petitioner should be directed to approach the competent authority under Section 65 of U.P. Revenue Code, 2006.
Parties & counsel
- petitioner
Samasuddeen
- respondent
District Magistrate Prayagraj
Coram
Ashwani Kumar Mishra
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · December
- Registered
- Case no.
- WRIC/31743/2021
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