YOGESH KUMAR AND ANOTHER v. STATE OF U.P. AND 3 OTHERS
WRIC/42417/2024 · 2025-02-27
Ashwani Kumar Mishra, Donadi Ramesh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 112349 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 112349 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:28481-DB Court No. - 29 Case :- WRIT - C No. - 42417 of 2024 Petitioner :- Yogesh Kumar And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ram Swaroop (Singh),Saurabh Pandey,Shivakant Singh Counsel for Respondent :- C.S.C.,Hari Narayan Singh Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. Following orders were passed in the matter on 19.12.2024:-
"1. Grievance is that the Gram Pradhan is seeking to forcibly lay a road on the private land of the petitioners being Gata No.808. 2. The respondents are represented. They may obtain clear written instructions if any road/public path etc. is proposed to be laid adjoining the land of the petitioners or over the land of the petitioners being plot no.808. 3. Put up this case on 9.1.2025 as fresh." Learned Standing counsel has obtained instructions which is taken on record. Such instructions are also furnished to learned counsel for the petitioners. As per the instructions petitioners' right, title or possession over plot no.808 is not being interfered with. It is stated that adjoining plot no.772 is recorded as passage and is a State land on which a pakka road existed from before. It is only on the sides of such road that a drain has been constructed which is not on the land of the petitioners. It is submitted that demarcation exercise has been got conducted in the presence of the parties. From the materials placed on record there appears to be a boundary dispute with regard to plot no.808 viz-a-viz 792. Such issues of demarcation can always be got determined by the competent authority i.e. Sub-Divisional Magistrate. We, accordingly, dispose of this petition with a direction upon the concerned Sub-Divisional Magistrate i.e. respondent no.3 to constitute a revenue team to carry out the demarcation of two plots on spot, after notice to the petitioners, by following the procedure laid down under Section 24 of the U.P. Revenue Code, 2006. Such action shall be taken, within a period of two months, from the date of presentation of a certified copy of this order. The concerned
S.D.M. shall ensure that the bhumidhari land of the petitioners is not encroached upon and in case it is found that petitioners are unauthorizedly dispossessed then appropriate steps, as may be warranted in law, would be taken to redress the petitioners' grievance, expeditiously.
Order Date :- 28.2.2025 RA Digitally signed by :- RAZIQ ALI High Court of Judicature at Allahabad