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2025 DAILYLAW 108555 (ALL)

SURENDRA KUMAR SINGH v. State of UP AND 4 OTHERS

WRIC/39000/2024 · 2025-08-06

Rohit Ranjan Agarwal

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:133666 Court No. - 34 Case :- WRIT - C No. - 39000 of 2024 Petitioner :- Surendra Kumar Singh Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Manoj Kumar Dubey,Vipul Kumar Dubey Counsel for Respondent :- C.S.C.,Ram Janam Shahi,Rameshwar Prasad Shukla Hon'ble Rohit Ranjan Agarwal,J. 1. This writ petition has been filed with the following prayer: "A writ order or direction in the nature of Mandamus direct the respondent concerned to conclude the stone installation proceedings, in view of the order dated 22.08.2023 passed by respondent no.2 in case no.6994/2017 having Computerize Case No. T201715657016994 (Surendra Kumar and others Versus Gaon Sabha) Under Section 24 U.P.R.C.-2006 within stipulated period which granted by this Hon'ble Court otherwise petitioner shall suffer irreparable loss and injury." 2. This Court had required the officer concerned to file his personal affidavit, pursuant to which, personal affidavit of the officer concerned was filed on 22.7.2025. Para 8 of the affidavit states that on 07.05.2025, pillars were affixed pursuant to the order dated 22.08.2023 passed in proceedings under Section 24 of the U.P. Revenue Code, 2006. 3. As the petitioner was dissatisfied with the compliance and demanded re-demarcation, a revenue team was constituted on 11.7.2025. It was in the presence of the officer concerned, the revenue team demarcated the petitioner's Gata No.158 measuring 1.243 hectare and 156/335 measuring 0.973 hectare and the opposite party's Gata No.221 measuring 1.034 hectare in presence of the parties. The said fact has been narrated in paras 8, 9 and 10 of the affidavit, which are extracted hereas under : "8. That on the application submitted by Surendra Kumar Singh and others, the stone fixation process was done by the revenue team on 07-05-2025. Copy of the report of the revenue team is being filed herewith as Annexure No.P.A.3 to this affidavit. 9. That Surendra Kumar Singh, dissatisfied with the compliance/action dated 07-05-2025 and demanded re-demarcation/compliance, in pursuance of which, a revenue team was again constituted. Copy of the letter dated 11.07.2025 is being filed herewith as Annexure No.P.A.4 to this affidavit. 10. That on 13-07-2025, in the presence of the deponent, the revenue team, at the spot, demarcated the petitioner's Gata No. 158, measuring 1.243 hectares and 156/335, measuring 0.973 hectares and the opposite party Gata No. 221, measuring 1.034 hectares in the presence of the parties, which makes it clear that the petitioner is occupying 2.329 hectares instead of the combined area of 2.216 hectares of his both Gatas, i.e., he is occupying 0.113 hectares more land than the area mentioned in the Khatauni and the opposite party is occupying 1.112 hectares instead of 1.034 hectares of Gata No. 221, i.e., 0.078 hectares more land than the area mentioned in the Khatauni." 4. Further, in para 12 it has been stated that the petitioner has signed the spot memo being satisfied. A copy of the spot memo has been appended as Annexure PA-5 to the affidavit. 5. In view of the said fact, the prayer made in the writ petition stands granted. 6. The writ petition stands disposed of. Order Date :- 7.8.2025 Kushal Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad