Dismissed

Omwati v. State of U.P. and 3 Others

Allahabad HC12 May 2023WRIC/12177/2023

Case brief

AI extract

What is this about?

In this writ petition, the petitioner sought a declaration of title as Bhumidhar and protection of possession over agricultural land where her lease had expired. The court observed that the lease was cancelled over 17 years ago without any further action by the petitioner. In view of such inactivity, the prayer was not granted and the writ petition was dismissed.

What the court decided

AI extract

Omwati Vs State of U.P. and 3 Others — Property and Title | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:103849

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Court No. - 26

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Case :- WRIT - C No. - 12177 of 2023

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Petitioner :- Omwati Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shakil Ahmad Counsel for Respondent :- C.S.C.,Arun Kumar Pandey

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Hon'ble Anish Kumar Gupta,J.

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Heard Shri Shakil Ahmad, learned counsel for the petitioner, Shri Abhijeet Jaiswal, learned Standing Counsel for the Staterespondent.

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The petitioner has filed the present present praying for the following relief;

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" i. Issue a writ order or direction in the nature of mandamus directing and commanding to the respondent no2, 3 and 4/ concerned authorities to declare the petitioner become Bhumidhar with transferable rights as per Provision of 131-B of U.P.Z.A and L.R. Act ( under section 76 of U.P. Revenue Code, 2006) for the land Gata No.396M.14, area 0.253 hectare of the petitioner situated at Village Latifullapur Padli, Basera, Tehsil, Dhampur,, District Bijnor."

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It is stated by the learned counsel for the petitioner that the petitioner and her husband were granted a lease of the land by the Land Management Committee of village Latifullapur Padli, Tehsil Dhampur, District Bijnor with regard to property in question for specified period of five years with effect from 28.06.1997. It is admitted that the lease of the petitioner has expired and has not yet been renewed, however, the petitioner claims that she is in possession of the land property, therefore, her possession should be protected and she should not be dispossessed without following the procedure of law.

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The husband of the petitioner has died on 1.05.2012. It is further submitted that on the basis of the report of Pargana Adhikari, Tehsil Dhampur dated 13.04.2006 that the lease of the petitioner and her husband had expired, therefore, the said land may be recorded in the name of village Panchayat. In accordance with the report dated 13.04.2006, Vide order dated 23.04.2006 passed by the Sub Divisional Magistrate, Dhampur, the name of the petitioner was removed from the aforesaid land in question. Against the aforesaid order dated 23.04.2006, the petitioner and her husband had preferred a revision No.148/ 2005-06, under Section 333 of U.P.Z.A. & L.R. Act, which has also been dismissed vide order dated 27.09.2006.

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After the order passed by the Additional Commissioner (Judicial), Moradabad in the aforesaid revision, the petitioner or her husband has not taken any further action and this writ petition has been filed after about 17 years.

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In the instant writ petition, the petitioner is seeking declaration of his title over the disputed land, under the Provision of Section 133-B of the U.P.Z.R. & L.R. Act ( under Section 76 of the U.P. Revenue Code, 2006).

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In view of the cancellation of lease-deed 17 years ago, the prayer made by the petitioner cannot be granted. The writ petition fails and is dismissed accordingly.

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Order Date :- 12.5.2023 SFH

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Digitally signed by :- SYED FAHIM HUSAIN High Court of Judicature at Allahabad

Omwati v. State of U.P. and 3 Others

Case brief

What is this about?

What the court decided

Omwati v. State of U.P. and 3 Others

Case brief

What is this about?

What the court decided

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