Court No. - 30
Case :- WRIT - C No. - 35698 of 2018 Petitioner :- Kishan Pal And 13 Others Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Sunil Kumar Srivastava Counsel for Respondent :- C.S.C.,Rajesh Yadav
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioners as well as learned Standing Counsel appearing for the State respondents and perused the record.
Present petition has been filed with a prayer to direct the respondent authorities to declare the petitioners as Bhumidhar over the allotted land having non-transferable rights under the provisions of Section 76(1)(Gh) of UP Revenue Code Rules, 2016 and Rule 83 of the UP Revenue Code Rules, 2016 by disposing of the application of petitioners dated 27.7.2017.
After some arguments, learned counsel for the petitioner submits that the petitioners may be permitted to withdraw the present petition.
In view of the averments made in paragraph 24 of the petition that two writ petitions being Writ-C No. 38075 of 2003 (Naresh Pal and others vs. State of UP and others) and Writ-C No. 54920 of 2003 (Ram Kumar and others vs. State of UP and others) were filed challenging cancellation of lease wherein interim order was granted, however, both the petitions were dismissed as infructuous and recall application is pending, present petition is accordingly dismissed as withdrawn at this stage with liberty to the petitioner to file a fresh petition for the same cause of action in case the above petitions are allowed in their favour.
No order as to costs.
Order Date :- 27.10.2018 Abhishek