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2025 DAILYLAW 103334 (ALL)

OM PRAKASH BIND v. STATE OF U.P. AND 3 OTHERS

WRIC/33998/2024 · 2025-07-09

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:110537 Court No. - 34 Case :- WRIT - C No. - 33998 of 2024 Petitioner :- Om Prakash Bind Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Antriksh Verma,Mahabir Yadav Counsel for Respondent :- Bhupendra Kumar Tripathi,C.S.C. Hon'ble Rohit Ranjan Agarwal,J. 1. Heard learned counsel for petitioner, learned Standing Counsel for respondent nos. 1 to 3 and Sri B.K. Tripathi, learned counsel, appears for respondent no. 4. 2. Petitioner claims to be in possession of the land of Gaon Sabha and alleged to be doing agricultural work on the said land. According to petitioner's counsel, earlier the District Magistrate, Ghazipur has passed the order restraining the removal of petitioner from the land in question. According to him, proceeding under Section 67 of U.P. Revenue Code, 2006 was initiated and order of eviction has been passed, against which an appeal has been preferred by petitioner, which has also been dismissed. 3. Sri Abhishek Shukla, learned ACSC, submits that the land in question is situated near the river bed and most of the time the area in question is submerged. The said fact has been accepted by petitioner in paragraph nos. 10 and 11 of their objections. 4. Sri B.K. Tripathi, learned counsel, has raised a preliminary objection as to the maintainability of writ petition before this Court. 5. I have heard learned counsel for parties and perused the material on record. 6. From perusal of the order impugned as well as material available on record and the objections of petitioner filed to the proceedings under Section 67 of U.P. Revenue Code, 2006, it is clear that the land in question is river bed and most of times it is submerged and when the water level recedes, petitioner is sowing his crops on the said land. The State has initiated proceedings for eviction of petitioner as the land in question has been registered in Gaon Sabha under the category 6(4). 7. From perusal of the material on record, I find that no case for interference is made out as petitioner has failed to establish their rights over the land in question and the land in question is a river bed. 8. Writ petition is misconceived and stands dismissed. Order Date :- 10.7.2025 V.S.Singh Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad