Disposed

Shiv Bachan v. State of U.P. Thru. Secy. Revenue Deptt., Lko. and Others

Allahabad HC4 Dec 2025/11789/2025

Case brief

AI extract

What is this about?

Writ petition seeking direction to enter petitioner's name as transferable land rights in revenue records. Court disposed of petition permitting petitioner to file application under Section 76(2) before Tehsildar within 30 days to be decided in light of precedent.

What did the court decide?

Permission to file application under Section 76(2) before Tehsildar within 30 days.

Shiv Bachan Vs State of U.P. Thru. Secy. Revenue Deptt… — Land Acquisition | Allahabad HC (2025)

¶1

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

¶2

WRIT - C No. - 11789 of 2025

Shiv Bachan

.....Petitioner(s)

Versus

State Of U.P. Thru. Secy. Revenue Deptt., And Others	Lko. .....Respon
Counsel for Petitioner(s) :	Sanjeev Kumar Shukla
Counsel for Respondent(s) :	C.S.C., Mohan Singh

¶7

.....Respondent(s)

¶8

Court No. - 22

¶9

HON'BLE ARUN KUMAR SINGH DESHWAL, J.

¶10

Heard Sri Sanjeev Kumar Shukla, learned counsel for the petitioner, Sri Neel Padam Singh, learned Additional Chief Standing Counsel for the State and Sri Mohan Singh, learned counsel for the Gaon Sabha.

¶11

Present petition has been filed in the nature of mandamus to direct the opposite party nos.2 to 4 to enter the name of the petitioner as transferable land rights in the revenue records/Khatauni Fasly Year 1425-1430 Land Gata/ Khasra No.103/17 Mi. area 0.2530 hectare Village Baina Teekarhar, Tehsil Fatehpur Pargana Kursi, District Barabanki under Section 76(2)(3) U.P. Land Revenue Code, 2006.

¶12

Contention of learned counsel for the petitioner is that Gata No.109/17 was allotted to the petitioner as agricultural lease in the year 2000 and name of the petitioner has also been recorded in Khatauni mentioning him as Bhumidhar with non-transferable right. It is further submitted that despite expiry of more than 25 years, the petitioner has not been declared as Bhumidhar with transferable right though as per Section 76 of U.P. Revenue Code, he is entitled to become Bhumidhar with transferable right after completing five years as Bhumidhar with non-transferable right.

¶13

Learned Standing Counsel as well as learned counsel for the Gaon Sabha submitted that the petitioner has not filed regular application under Section 76(2) of U.P. Revenue Code. In case, he files an appropriate application than appropriate order will be passed by the revenue

¶14

WRIC No. 11789 of 2025

¶15

¶16

authority.

¶17

In view of above, the present writ petition is disposed of permitting the petitioner to file his application under Section 76(2) before the Tehshildar, Tehsil Fatehpur, District Barabanki within 30 days. In case, such an application is filed, the same shall be considered and decided, in accordance with law, in the light of directions issued by this Court in the case of Daya Shankar vs. State of U.P. and others report in 2023(6) ADJ 181 dated 19.05.2023 .

¶18

(Arun Kumar Singh Deshwal,J.)

¶19

December 4, 2025 A.Kr*

¶20

Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Shiv Bachan v. State of U.P. Thru. Secy. Revenue Deptt., Lko. and Others

Case brief

What is this about?

What did the court decide?

Shiv Bachan v. State of U.P. Thru. Secy. Revenue Deptt., Lko. and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Vimla and Another Vs State of U.P. Thru. Prin. Secy. Revenue Deptt. and Others

Hari Narayan and Others Vs Tehsildar Akbarpur, Tehsil Akbarpur, Ambedkar Nagar and Others

Benchu Vs Settlement Consolidation Officer Consolidation, Gauriganj, Amethi and Others

Shiv Dulari and Another vs Commissioner, Lucknow Division, Lko. and Others

Radhey Shayam Thru. Nxt Friend Rakesh Kumar vs Sub Divisional Officer, Tulsipur, Balrampur and Others

Deepak Chauhan vs State of U.P. Thru. Prin. Secy. Revenue, Lko. and Others