Allahabad High Court
Ratan Pal vs State Of U.P. And 2 Others on 5 April, 2023
Author: Mahesh Chandra Tripathi
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 40 Case :- WRIT - C No. - 10038 of 2023 Petitioner :- Ratan Pal Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Prabha Shanker Bharti,Shri Krishna Mishra Counsel for Respondent :- C.S.C. Hon'ble Mahesh Chandra Tripathi,J.
Hon'ble Manjive Shukla,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State Respondents.
The present Writ Petition has been preferred with the following relief:
"Issue a writ, order or direction in the nature of mandamus commanding the Respondent No. 2/District Magistrate to decide the representation/allotment of Awasi Plot application dated 16.06.2016, 10.03.2019, 20.02.2020, 14.06.2022 and 03.12.2022 which is pending before the Respondent No. 2 (Sub Divisional Magistrate) within stipulated time as a time fixed by this Hon'ble Court."
Learned counsel for the petitioner submits that the petitioner belongs to Scheduled Caste community. The Land Management Committee had allotted residential leases in favour of 65 persons including the petitioner on 09.11.1994 in Khasra Nos.222, 237, 308 and 342, Village Jalalpur Raghunathpur, Tehsil Modi Nagar, District Ghaziabad for a period of ten years. On the complaint filed by some land-mafias on 14.07.2004, the lease of the petitioner and others was cancelled. Thereafter, Moti Ram filed a Case No.6/2002-03 (Moti Ram vs. Raten Pal) before the Court of Additional District Magistrate (Finance and Revenue), Ghaziabad and Bhagwat filed a Case No.07/2002-03 (Bhatwat vs. Land Management Committee and ors) before the Court of Additional District Magistrate, Ghaziabad under Section 115 (P) of UP ZA & LR Act. Finally, the Additional Collector (Finance and Revenue) Ghaziabad vide judgement and order dated 14.7.2004 had allowed the aforesaid cases and cancelled the residential leases of 15 persons. Further, the Sub Divisional Officer, Modinagar was directed to complete the re-allotment of the residential leases on the available of the Gaon Sabha land. Thereafter, the petitioner has already filed applications/representations before the District Magistrate, Ghaziabad (respondent no.2) on 24.06.2016 and Sub Divisional Magistrate, Ghaziabad on 16.06.2016. Once no heed was paid by the authority concerned then the petitioner has again filed representations dated 20.02.2020, 14.06.2022 and 03.12.2022 before the respondent No. 2 but till date, no decision has been taken on the aforesaid representations of the petitioner.
Considering the facts and circumstances of the case, no useful purpose would be served in keeping the writ petition pending. In view of the above, without expressing any opinion on the merits of the issue and considering the facts and circumstances of the case and with the consent of the parties, this writ petition is disposed of with direction to the Respondent No. 2/District Magistrate to decide the aforesaid representations of the petitioner expeditiously strictly in accordance with law.
Order Date :- 5.4.2023 A. Mandhani