Ram Adhar vs State of U.P. Thru. Prin. Secy. Deptt. of Revenue Lko and 5 Others — Allahabad HC (2026) — LawSathi Research

Ram Adhar vs State of U.P. Thru. Prin. Secy. Deptt. of Revenue Lko and 5 Others — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to opposite party no.3 / Sub Divisional Magistrate, Tehsil Musafirkhana, District Amethi to decide the petitioner's representation dated 19.01.2026 expeditiously, within two months from production of a certified copy of the order, in accordance with law.

Issue for consideration

Whether the petitioner, to whom a residential lease of Gata No. 121 (area 0.013 hectare), village Kajipur, Pargana Jagdishpur, Tehsil Musafirkhana, District Amethi was granted on 11.07.2005, is entitled to be put in possession, and whether the Sub Divisional Magistrate is bound under Section 65 of the U.P. Revenue Code to give him possession of the allotted land.

Court's answer

The writ petition is disposed of with a direction to opposite party no.3, the Sub Divisional Magistrate, Tehsil Musafirkhana, District Amethi, to decide the petitioner's representation dated 19.01.2026 expeditiously, within two months of production of a certified copy of the order, in accordance with law. Merits of the possession claim were not adjudicated.

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), WRIT - C No. 2106 of 2026, decided March 9, 2026 (Amitabh Kumar Rai and Alok Mathur, JJ.) - Grant of possession under residential lease - Petitioner was granted a residential lease of Gata No. 121, area 0.013 hectare, village Kajipur, Pargana Jagdishpur, Tehsil Musafirkhana, District Amethi on 11.07.2005, but possession was not delivered despite several representations; counsel submitted that under Section 65 of the U.P. Revenue Code the Sub Divisional Magistrate is bound to put the lessee in possession (submission of counsel, not a finding of the Court). On counsel's own suggestion, the Division Bench disposed of the writ petition, directing opposite party no.3 / Sub Divisional Magistrate, Tehsil Musafirkhana, District Amethi to decide the petitioner's representation dated 19.01.2026 expeditiously, within two months of production of a certified copy of the order, in accordance with law. Notice to private respondent no.6 was dispensed with. Merits of the possession claim were not adjudicated.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

WRIT - C No. - 2106 of 2026

Ram Adhar

.....Petitioner(s)

Versus

State Of U.P. Thru. Prin. Secy. Deptt. Of Revenue Lko And 5 Others

o n ers	....	.Respondent(s)
Counsel for Petitioner(s)	: Anil Kumar Mishra, Pandey, Ram Bahadur M	Arun Chand aurya
Counsel for Respondent(s)	: C.S.C., Mohan Singh

Court No. - 5

HON'BLE ALOK MATHUR, J. HON'BLE AMITABH KUMAR RAI, J.

Heard Shri Anil Kumar Mishra, learned counsel for the petitioner as well as learned Standing Counsel for State-respondents no. 1 to 4 and Shri Mohan Singh Advocate for respondent no.5.

In light of the proposed order, notice to private respondent no. 6 is dispensed with.

The grievance raised by the petitioner in the present writ petition is with regard to the grant of possession to the petitioner on Gata No. 121 M. area 0.013 hectare situated in village Kajipur, Pargana Jagdishpur, Tehsil Musafirkhana, District Amethi, which was grant of residential lease on 11.07.2005 to the petitioner.

It has been submitted that since then the petitioner has been making several representations but the respondents have not taken any steps for granting the possession to the petitioner.

It is further stated that as per provision of Section 65 of the U.P. Revenue Code, it is incumbent upon the Sub Divisional Magistrate concerned to put the petitioner back in possession or give possession of the allotted land.

After arguing the matter at some length, counsel for the petitioner

WRIC No. 2106 of 2026

2

submits that grievance of the petitioner shall be substantially redressed in case the opposite party no.3/ Sub Divisional Magistrate is directed to consider and decide the representation of the petitioner dated 19.01.2026, expeditiously, say within a period of two months from today.

Accordingly, the petition is disposed of with a direction to opposite party no.3/ Sub Divisional Magistrate, Tehsil Musafirkhana, District Amethi to decide the representation of the petitioner dated 19.01.2026, expeditiously, say within a period of two months from the a certified copy of this order is produced before him, in accordance with law.

(Amitabh Kumar Rai,J.) (Alok Mathur,J.)

March 9, 2026

Muk

Digitally signed by :- MOHD UMAR KHAN High Court of Judicature at Allahabad, Lucknow Bench