This writ petition challenging an illegal lease allotment was dismissed as alternative remedies under Section 128 of U.P. Revenue Code, 2006 were available to the aggrieved person.
Petition dismissed due to availability of alternative remedy under Section 128 of U.P. Revenue Code, 2006.
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Court No. - 52
Case :- WRIT - C No. - 5843 of 2023
Petitioner :- Ravi Shankar Respondent :- State Of U.P.And 6 Others Counsel for Petitioner :- Rajesh Kumar Shukla Counsel for Respondent :- C.S.C.,Bhupendra Kumar Tripathi
Hon'ble Kshitij Shailendra,J.
Heard Shri Rajesh Kumar Shukla, learned counsel for the petitioner, learned Standing Counsel for the State-respondent and Shri Bhupendra Kumar Tripathi, learned counsel representing the Gaon Sabha.
The grievance of the writ petitioner is that illegal allotment in the nature of grant of lease (patta) has been made in favour of respondent No. 7 contrary to the provisions of law and by committing serious irregularities and illegalities.
A prayer has been made to issue a writ or direction in the nature of mandamus directing the respondent No. 2, District Magistrate, Jaunpur to set up the enquiry through respondent No. 3, Sub Divisional Magistrate, Tehsil Badlapur, district Jaunpur against respondent No. 4, Revenue Inspector and respondent No. 5, Area Lekhpal with regard to the illegal lease of Usar land bearing Arazi No. 42 Kha, area 0.0120 hectare situated at village Katra, Pargana Gadwara, Tehsil Badlapur, District Jaunpur, allotted to respondent No. 7, namely Sushma w/o Rajkumar Chauhan, R/o village Katra, Pargana Gadwara, Tehsil Badlapur, district Jaunpur. Further prayer is made to issue direction to respondent No. 2, i.e. District Magistrate, Jaunpur, to take appropriate steps on the petitioner's application dated 16.01.2023.
Learned Standing Counsel as well as learned counsel for Gaon Sabha jointly submit that in case, the petitioner is aggrieved by illegal allotment made in favour of private respondent, he has a remedy to seek cancellation of the said allotment of lease by moving appropriate proceedings under section 128 of U.P. Revenue Code, 2006, where the Collector may, of his own motion or on the application of any person aggrieved, inquire in the matter pertaining to any allotment and take appropriate decision after recording his satisfaction.
Learned Standing Counsel further submits that there are various
other consequences mentioned in the said provision, which ensue after cancellation of patta, if required.
Having heard the learned counsel for the parties, this writ petition is being disposed of on the ground of alternative remedy available to the petitioner to move the court of Collector under the provisions of section 128 of U.P. Revenue Code, 2006.
In case, such an application/memo of file is filed in proper form arraying the lease holder, i.e. respondent No. 7 and other authorities, the court concerned shall allot a computerized number to the same and shall issue notice to the lease holder providing her opportunity to make defence.
The entire proceedings under section 128 of U.P. Revenue Code, 2006 shall be disposed of strictly, in accordance with law within a period of nine months from the date of issuance of notice to the concerned allottee.
In case, the petitioner files a stay application along with application/memo of file, the same shall also be considered expeditiously.
Order Date :- 29.3.2023 Sazia
Digitally signed by :- SAZIA AQUIL High Court of Judicature at Allahabad
1 issue framed by the court
Whether an alternative remedy exists under Section 128 of U.P. Revenue Code, 2006 to challenge an illegal allotment of land lease.
1 provisions across 1 enactments
Ravi Shankar
State Of U.P.
Kshitij Shailendra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
