SHIVAM EINT UDYOG Vs. ADDL. COMMISSIONER (ADMINISTRATION), AYODHYA

JUDGEMENT

(1.) Heard Shri H. N. Tiwari, learned counsel for the petitioners, Shri Hemant Pandey, learned Standing Counsel for the State-respondents and Shri Abhineet Jaiswal, learned counsel appearing for the respondent No. 4.

(2.) By means of the instant petition, the petitioners assail the order dtd. 6/12/2023 passed by the Sub-Divisional Magistrate, Tahsil Jalalpur, District Ambedkar Nagar whereby an application preferred by the petitioners under Sec. 80 of the U.P. Revenue Code, 2006 has been rejected, as not maintainable. The said order was further challenged in a revision before the Additional Commissioner (Administration), Ayodhaya, which also met the same fate by order dtd. 7/6/2024.

(3.) Submission of the learned counsel for the petitioners is that he had moved his application seeking declaration that the land in question be declared as non-agricultural in terms of Sec. 80 of the U. .P Revenue Code, 2006 on 21/10/2023. It has further been submitted that the order rejecting the application by the Sub Divisional Magistrate is primarily on the ground that in light of Sec. 80 (8) of the Code of 2006, the application has been held to be not maintainable as prior permission from the authority (in the instant case respondent No. 4) has not been obtained.