Court No. - 9
Case :- WRIT - C No. - 14216 of 2019 Petitioner :- Somwati Devi And 6 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Prem Sagar Verma,Madan Mohan Counsel for Respondent :- C.S.C.,Ashish Kumar Srivastava
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the petitioners and Sri Ashish Kumar Srivastava, learned counsel for the respondent no. 4 as well as learned standing counsel for the State respondents.
The grievance of the petitioner is that allotment was made in their favour by the respondent no. 4. This allotment was for abadi sites. Despite, the allotment having been made an approve, the petitioners have not been put in possession over the land allotted. In this regard application appears to have been before the District Magistrate.
In my considered opinion, the application to the District Magistarte is not a proper remedy available by the petitioners. The proper remedy as produced under Section 65 of the U.P. Revenue Code, 2006, is by means of a proper application before the concerned Sub Divisional Magistrate.
Under the circumstances, this writ petition is disposed of directing the petitioners, in case, they if so advised, to approach the Sub Divisional Magistrate, Tehsil Sadar, District - Firozabad, by means of proper application under Section 65 of the Revenue Code, 2006.
In case, such an application filed by the petitioners within a period of two weeks from today, it is expected that the Sub Divisional Magistrate shall consider and dispose of the same, expeditiously.
Order Date :- 26.4.2019 Md Faisal