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Allahabad High Court

THE JANTA TRUCK HONORS WELFARE SOCIETYversusSTATE OF U.P. AND 4 OTHERS

Decided

Holding

The writ petition is dismissed as not maintainable.

Summary

The Janta Truck Honors Welfare Society filed a writ petition challenging a land patta that had been cancelled by an order dated 23 July 2024 in Case No. 314 of 2024. The cancellation was affirmed by the Commissioner in Appeal No. 1976 of 2024 on 5 May 2025. The petitioner argued that the cancellation was improper, but the respondent pointed out that a related writ (Writ‑C No. 17860 of 2025) had been filed and not yet decided, and that without a decision in that writ the petitioner had no right to maintain the present petition. The court found that the petitioner could not dispute these facts and that the petition was therefore not maintainable. Consequently, the writ petition was dismissed.

Issues considered

  • Whether the writ petition is maintainable in view of the prior cancellation of the patta and the pending Writ‑C No. 17860 of 2025

Subjects

  • Writ petition
  • Maintainability
  • Land patta cancellation
  • Civil Procedure Code
  • Jurisdiction

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                            WRIT - C No. - 8748 of 2026

                                    The Janta Truck Honors Welfare Society
                                                                                                   .....Petitioner(s)
                                                                        Versus
                                    State Of U.P. And 4 Others
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)        : Kumar Sreshtha, Prateeyush              Kumar
                                                                       Pathak
                                    Counsel for Respondent(s)        : C.S.C., Manu Saxena

                                    Court No. - 4
                                                       HON'BLE NEERAJ TIWARI, J.
                                                       HON'BLE GARIMA PRASHAD, J.

                                    1. Heard learned counsel for petitioner, learned standing counsel for State-
                                    respondents and Sri Manu Saxena, learned counsel for respondent no. 5.

                                    2. Sri Manu Saxena has submitted that Patta of land in question has already
                                    been cancelled vide order dated 23.07.2024 passed in Case No. 314 of 2024.
                                    Against that, Appeal No. 1976 of 2024 was filed before the Commissioner
                                    in which order of cancellation of Patta has been affirmed vide order dated
                                    05.05.2025. Against the said order, Writ-C No. 17860 of 2025 has been
                                    filed, but it was never argued and only date was fixed. He also pointed out
                                    that without obtaining any order by the Writ Court in Writ-C No. 17860 of
                                    2025, petitioner is having no right to maintain this petition.

                                    3. Learned counsel for petitioner could not dispute the aforesaid facts.

                                    4. Accordingly, writ petition is dismissed as not maintainable.

                                    March 19, 2026
                                    Sartaj
                                                                      (Garima Prashad,J.) (Neeraj Tiwari,J.)




Digitally signed by :-
SARTAJ AHMAD
High Court of Judicature at Allahabad


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