Court No. - 9
Case :- WRIT - C No. - 21015 of 2019 Petitioner :- Rahish And 35 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shyam Sunder Mishra Counsel for Respondent :- C.S.C.,Diwakar Singh
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the petitioners and Shri Diwakar Singh, learned counsel for the respondent no. 4 the Gaon Sabha.
By means of this writ petition the petitioner has sought the following reliefs:-
"(a) issue a writ, order or direction in the nature of mandamus commanding/directing the respondent no. 2 to allot the land in favour of petitioners in pursuance of the resolution dated 23.01.2019 passed by respondent no. 4 with respect to allotment of the land, situated at Gaon Sabha, Sarai Shahjada, Tehsil and District-Fatehpur.
(b) issue a writ, order or direction in the nature of mandamus directing the respondent no. 2 to an appropriate decision upon the various representations pending before him within the stipulated period, which may be stipulated by this Hon'ble Court."
The case of the petitioners is that in a meeting of the Gaon Sabha held on 23.03.2019, a resolution was passed for making allotment in favour of 65 persons including the petitioners. It has been submitted that despite the resolution no allotment has been made in favour of the petitioners and that representations in this regard have been filed before the District Magistrate who has failed to consider them.
Learned counsel for the petitioners has not been able to show that the resolution allegedly passed by the Gaon Sabha was forwarded to the concerned Sub Divisional Officer for his approval, which approval is mandatory.
It is only once the resolution has been approved does the same culminate into an allotment.
There is also no material on record to indicate that the proceedings register containing the alleged resolution was ever forwarded to the Sub Divisional Officer for his mandatory approval.
Under the circumstances, and in the absence of any approval, the petitioners have no right to maintain the writ petition. For the same reason, the representations that have been made are also without any locus.
Therefore, this Court does not consider it expedient to direct the Direct Magistrate to consider or decide the representations.
Subject to the above, this writ petition fails and is dismissed.
Order Date :- 25.7.2019 sweta