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2025 DAILYLAW 103816 (ALL)

ASHISH KUMAR SHUKLA v. State of UP AND 5 OTHERS

WRIC/33850/2024 · 2025-02-03

Ashwani Kumar Mishra, Donadi Ramesh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:15709-DB Court No. - 29 Case :- WRIT - C No. - 33850 of 2024 Petitioner :- Ashish Kumar Shukla Respondent :- State Of Up And 5 Others Counsel for Petitioner :- Badri Mani Tripathi Counsel for Respondent :- Azad Rai,C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. 1. This petition has been filed with the prayer to command the respondents not to interfere with the petitioner's possession over the land of Gata No.25 area 0.0913 hectare and Gata No.26 area 0.02282 hectare. 2. Petitioner asserts that his maternal grandfather was recorded in CH Form-45 and without any opportunity of hearing maternal grandfather's name has been expunged on 16.11.2012 and a water tank is being constructed upon such land. 3. Instructions have been obtained from the respondents and original khatauni has been produced in which the plots in question are recorded as Banjar and consequently is a state land. The order of concerned revenue authority, expunging the name of Asami Pattedar, also records that term of Asami Patta has expired long back. 4. Law is settled that no hereditary right accrues on land on which Asami Patta was executed by the State earlier. Such Pattedar has the status similar to that of a licencee. Unless in law such right of Asami Pattedar transforms into that of a Bhumidhari the heirs of such persons will get no right over the land. 5. Since the land is now recorded as state land the remedy of concerned person claiming right over such land would be to seek either declaration under Section 229B of U.P.Z.A. & L.R. Act or to pursue remedy before the competent civil court. We are informed that proceedings are otherwise pending before the civil court. In such circumstances, no direction in the writ petition is called for. 6. Writ petition is, accordingly, dismissed. Order Date :- 4.2.2025 Ashok Kr. Digitally signed by :- ASHOK KUMAR High Court of Judicature at Allahabad