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2025 DAILYLAW 101239 (ALL)

SARVJEET v. STATE OF U.P. AND 2 OTHERS

WRIC/34069/2025 · 2025-09-24

Rohit Ranjan Agarwal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 34069 of 2025 Court No. - 33 HON'BLE ROHIT RANJAN AGARWAL, J. 1. This writ petition has been filed with the following prayers:- "A. Issue a writ order, or direction in the nature of mandamus commanding the respondent authorities to hand over the possession to the petitioner over the Gata No. 130 area 0.097 Hectare situated in village- Gangaganj Gurauli, Pragana-Talgran, Tehsil - Chhibaramau, District Kannauj, which is his ancestral property within a stipulated period as fixed by this Hon'ble Court as all dispute with regard to claimant Gauri Shankar has already been solved at the D.D.C. level. B. Issue a writ order, or direction in the nature of mandamus commanding the respondent No.3 to comply with the direction as given by the respondent No. 2 on the application dated 06.02.2025 of the petitioner and hand over the possession to the petitioner over the gata No. 130 area 0.097 hectare situated in Village -Gangaganj Gurauli, Pragana -Talgran, Tehsil Chhibaramau, District Kannauj, with in a stipulation period as fixed by this Hon, ble Court for the end of justice. -" 2. It is contended that two private persons, Amar Singh and Badam Singh had encroached the land of petitioner and the petitioner has moved an application before the authorities for getting the land evicted from their possession. According to petitioner, the demarcation activity has to be carried out so as to demarcate the land of the petitioner from that of private persons, namely, Amar Singh and Badam Singh. Versus Counsel for Petitioner(s) : Girish Chandra Yadav, Shailesh Kumar Tiwari Counsel for Respondent(s) : C.S.C. Sarvjeet .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) 3. This Court finds that the petitioner has a remedy of filing an application for demarcation under Section 24 of U.P. Revenue Code, 2006. In case, petitioner finds that the two persons have encroached the land of the petitioner, he has a remedy of filing an application under Section 134 of U.P. Revenue Code, 2006. 4. No writ petition under Article 226 of the Constitution of India lies for the relief as claimed. 5. Writ petition is misconceived and the same stands dismissed. September 25, 2025 SK Goswami WRIC No. 34069 of 2025 2 (Rohit Ranjan Agarwal,J.) Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad