Court No. - 42
Case :- WRIT - C No. - 17229 of 2021 Petitioner :- Matapher Respondent :- State Of U.P And Others Counsel for Petitioner :- Alok Kumar Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner as well as learned Standing Counsel appearing for the State respondents and Sri Bhupendra Kumar Tripathi, learned counsel for the gaon sabha and perused the record.
Present petition has been filed with a prayer to direct the respondent authorities to consider the claim of the petitioner for admission over Arazi No. 55 area about 0.0120 hectare situated at Village Belwar, Pargana Gadhwara, Tehsil Machhalishahar District Jaunpur by viture of Section 122-B (4-F) of the UP ZA & LR Act, 1950 and record the name of the petitioner over the land in question, declaring the petitioner tenure holder with non-transferable rights over the same land in question.
It is not in dispute that Section 122-B (4-F) of UP ZA & LR Act, 1950 is not longer in existence and UP Revenue Code has come into force wherein there is no such provision.
In such view of the matter, no mandamus can be issued to the respondents to consider the claim of the petitioner under the provision, which is no longer in existence.
Present petition is misconceived and is accordingly dismissed. No order as to costs.
Order Date :- 28.7.2021 Abhishek Digitally signed by Justice Vivek Kumar Birla Date: 2021.07.28 17:26:24 IST Reason: Document Owner Location: High Court of Judicature at Allahabad