Baccha Ram and Others v. State of U.P. Thru. Secy. Revenue, Lucknow and Others

Allahabad HC19 Jul 2024/4428/2024

Case brief

AI extract

What is this about?

Section 122B(4)F UPZA & LR Act; Act of 1951; fresh application; Sub-Divisional Magistrate Gonda; Village Bhoraha; misplaced file; decade-pending application; writ disposed with directions; six-month decision timeline; four-week filing liberty; Baccha Ram v. State of U.P.; Alok Mathur J.; 2024:AHC-LKO:48943; 19.7.2024; WRIT - C No. 4428 of 2024.

What did the court decide?

Liberty to the petitioners to file a fresh application under Section 122B(4)F of the Act of 1951 within four weeks; respondent No. 5 directed to consider and decide the same expeditiously within six months thereafter, in accordance with law, after giving opportunity of hearing to all concerned parties. ¶¶10

Baccha Ram and Others Vs State of U.P. Thru. Secy. Revenue, Lucknow and Others — Allahabad HC (2024) — LawSathi Research

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Neutral Citation No. - 2024:AHC-LKO:48943

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Court No. - 7

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Case :- WRIT - C No. - 4428 of 2024 Petitioner :- Baccha Ram And Others Respondent :- State Of U.P. Thru. Secy. Revenue, Lucknow And Others

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Counsel for Petitioner :- Rakesh Kumar Saini Counsel for Respondent :- C.S.C.,Pankaj Gupta Hon'ble Alok Mathur,J.

¶5

Heard SRi Rakesh Kumar Saini, learned counsel for petitioner as well as learned Standing Counsel for respondents.

¶6

The grievance raised in the present writ petiton is with regard to the application submitted by the petitioner under Section 122B (4)F UPZA & LR Act with regard to the land situated at Village Bhoraha, Pargana, Tehsil and District - Gonda which was filed by the petitioner on 28.03.2014. The said application remain pending and was not decided by the Sub-Divisional Magistrate, Gonda.

¶7

It has been submitted by learned counsel for petitioners that the file pertaining to the said application has been misplaced due to which the matter has been kept pending for nearly one decade.

¶8

After arguing the matter at some length, learned counsel for petitioner submits that the grievance of the petitioner shall be substantially resdressed in case liberty is given to the petitioner to file a fresh application under Section 122B (4)F of the Act of 1951 and respondent No. 5 be directed to decide the same expeditiously.

¶9

Learned Standing Counsel does not object to the prayer made by learned counsel for petitioners.

¶10

Accordingly, the writ petition is disposed of with a liberty to the petitioners to move a fresh application under Section 122B (4)F of Act of 1951 within four weeks from today and in case the said application is moved within the time prescribed, the respondent No. 5 shall proceed to consider and decide the same expeditiously, say, within a period of six months thereafter in accordance with law after giving opportunity of hearing to all the concerned parties.

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(Alok Mathur, J.)

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Order Date :- 19.7.2024/Ravi/

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Digitally signed by :- RAVI SHANKAR SRIVASTAV High Court of Judicature at Allahabad, Lucknow Bench

Baccha Ram and Others v. State of U.P. Thru. Secy. Revenue, Lucknow and Others

Case brief

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Baccha Ram and Others v. State of U.P. Thru. Secy. Revenue, Lucknow and Others

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