Court No. - 2
Case :- WRIT - C No. - 15921 of 2021 Petitioner :- Brij Mohan Bind Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Anand Vikram Singh,Vikas Srivastava Counsel for Respondent :- C.S.C.,Bhupendra Kumar Tripathi
Hon'ble Suneet Kumar,J.
Heard learned counsel for the parties.
By the instant petition, petitioner is assailing the order dated 21.01.2021 passed by the second respondent, District Magistrate, Ghazipur, under section 198(4) of U.P.Z.A. & L.R. Act.
Petitioner belongs to scheduled caste community and was granted patta in 1978. Thereafter, on the strength of a compromise between him and his brother, the then Deputy Collector vide order dated 28.03.1979 accepted the compromise and made it part of the order. Pursuant thereof, petitioner did not get his name mutated of the plot granted for agricultural purposes.
Learned counsel for the petitioner admits that the name of the Gaon Sabha continued to be recorded on the said plot being araji no. 269 admeasuring 1.10.0 hectare in village Sherpur Dhotari, Pargana Jahurabad, present Tehsil Kasimabad (earlier Tehsil Mohamadabad), District Ghazipur. After a lapse of 34 years in 2004 petitioner filed an application for mutation in the revenue record. The said application has been rejected by the impugned order noting therein that there is no such order passed by the competent authority on the strength of the compromise. In any case, since the name of the Gaon Sabha is recorded and the petitioner has approached the authority after lapse of 34 years, the relief claimed cannot be granted at this late stage.
The learned Standing Counsel submits that the remedy available to the petitioner is to either seek declaration or claim bhoomidhari rights on the plot as the petitioner belongs to scheduled caste community.
Upon being confronted with the objections raised by learned Standing Counsel, learned counsel for the petitioner submits that the petition be dismissed as withdrawn.
Accordingly, the writ petition is dismissed as withdrawn with liberty to the petitioner to take remedy before the appropriate forum/court, in accordance with law.
Order Date :- 29.7.2021 K.K. Maurya