Allahabad High Court
Sri Kanhaiya Lal Trust And Another vs State Of U.P. And 3 Others on 19 July, 2021
Author: Vivek Kumar Birla
Bench: Vivek Kumar Birla
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 42 Case :- WRIT - C No. - 10252 of 2021 Petitioner :- Sri Kanhaiya Lal Trust And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kumar Sreshtha,Gaurav Singh Counsel for Respondent :- C.S.C.,Kaushal Kishore Mani Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner, learned Standing Counsel for the State and Sri Kaushal Kishore Mani, learned counsel appearing for respondent no. 4.
The present petitioner has been filed seeking a direction to respondent no. 2 i.e. Sub Divisional Officer, Saharanpur to decide the application of the petitioner moved under Section 82 of U.P. Revenue Code, 2006 (for short "Code") dated 24.10.2019 within a stipulated time frame.
Submission of learned counsel for the petitioner is that in the year 2017, the land in question was declared non-agricultural under Section 80 of the Code, however since it is not being used for agricultural purposes, an application was moved by before the authority concerned under Section 82 of the Code for cancellation of declaration made under Section 80 of the Code. Attention was also drawn to annexure 7 to the petition that a report in this regard has been submitted by the Lekhpal along with photograph that land in question is not being used for agricultural purpose. It is submitted that under such circumstances, application of the petitioner which is pending for more than two years is liable to be decided.
Learned counsel appearing for respondents submits that application of the petitioner can be considered by the authority concerned on its own merits.
Accordingly, present petition stands disposed of with a direction to respondent no. 2 to consider and decide the application of the petitioner strictly in accordance with law on its own merits preferably within a period of four months from the date of production of self- attested copy of this order, which may be verified from the official website of this Court provided there is no other legal impediment.
It is made clear that this Court has not considered the claim of the petitioner on merits.
Order Date :- 19.7.2021/Kuldeep