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Kailash Nath vs State Of U P And Others

High Court Of Judicature at Allahabad|26 April, 2019
Court No. - 9
Case :- WRIT - C No. - 14126 of 2019 Petitioner :- Kailash Nath Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sheo Mani Yadav Counsel for Respondent :- C.S.C.,Ram Babu Yadav
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the petitioner and Sri Ram Babu Yadav, learned counsel for the respondent no.3 as well as learned standing counsel for the State respondents.
The writ petition has been filed seeking for following relief:
"issue a writ, order or direction in the nature of mandamus no.2 for deciding the petitioner's application dated 5.1.2017 filed as under Section 33/39 of U.P. Land Revenue Act for correcting and endorsing the name of petitioner in the revenue records in plot nos. 874, 876 and 837 of Village: Katra, Tehsil: Lalganj, District: Mirzapur."
The application dated 5.1.2017 is a miscellaneous application. In any case, an application invoking Section 33/39 of the U.P. Land Revenue Act was not maintainable as the U.P. Land Revenue Act stands repealed upon enforcement of the U.P. Revenue Code, 2016 w.e.f. January, 2015. Even otherwise, the application that has been filed is a mere miscellaneous application.
Under the circumstances, no direction is liable to be issued for directing the respondent no. 2 to decide the application filed by the petitioner which for the reasons given above is not maintainable.
Under the circumstances, this writ petition is disposed of observing that the petitioner may institute proper proceedings under Section 24 of the U.P. Revenue Code, 2006, in case, so advised, for redressal of his grievances, if any.
Order Date :- 26.4.2019 Md Faisal
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  • Anjani Kumar Mishra
  • Sheo Mani Yadav