Court No. - 42
Case :- WRIT - C No. - 9687 of 2021 Petitioner :- Reeta Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Akhand Pratap Singh Counsel for Respondent :- C.S.C.
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner and learned Standing Counsel appearing for the State respondents.
Present petition has been filed seeking direction to the respondents to allot the land (gata no. 210 area 1.384 hectare) situated at Village Siddh Nagar, Tehsil Pooranpur, District Pilibhit to the petitioner according to the Government Order dated 16.1.1975.
At the very outset, by drawing attention to Annexure-6 to the writ petition it was submitted that the present petition can also be disposed of in terms of the order already passed by this Court dated 31.1.2018 in Writ C No. 4025 of 2018 (Darpani Devi vs. State of U.P.). The said order dated 31.1.2018 is quoted as under:-
"Heard Sri Girish Kumar Singh for the petitioner and Standing Counsel for State of U.P.
This writ petition has been filed for mandamus directing the District Magistrate, Pilibhit (respondent-2) to allot plot no. 243 (area 1.353 hectare), situated at village Siddh Nagar, tahsil Pooranpur, district Pilibhit to the petitioner, according to G.O. dated 16.1.1975.
It has been stated that in order to give employment to unemployed persons, as well as grow more good, the Government framed policy in the year 1960 and permitted the unemployed youth to convert the forest in district Pilibhit to agricultural land. In pursuance thereof, the petitioner has converted the forest into an agricultural land and is in occupation over it since then. Later on, G.O. dated 16.1.1975 has been issued, directing the Collector to allot the land in occupation and regularize their possession. The petitioner is entitled for allotment of land, but it has not been allotted. The petitioner has moved a representation before District Magistrate, but no order has been passed on it.
The writ petition is disposed of directing District Magistrate, Pilibhit (respondent-2) to pass appropriate order on the representation of the petitioner in respect of allotment of land in her favour, in accordance with law, within three months from the date of producing a certified copy of this order before him."
It is stated that the Government Order dated 16.1.1975 is still operative and therefore, claim of the petitioner can be suitably considered.
Learned Standing Counsel submits that the grievance of the petitioner can be suitably redressed by the respondent no. 2- District Magistrate, Pilibhit.
Accordingly, present petition stands disposed of directing the respondent no. 2-District Magistrate, Pilibhit to pass appropriate order on the representation of the petitioner in respect of allotment of land in his favour, in accordance with, within three months from the date of production of a self attested copy of this order before him, which may be verified from the official website of this Court.
It is made clear that this Court has not considered the claim of the petitioner on merits, which may be considered by the authority concerned strictly in accordance with law on its own merits.
With the aforesaid observations, present petition stands disposed of.
Order Date :- 20.9.2021 Lalit Shukla