NAVAL KISHORE MISHRA AND 5 OTHERS v. STATE OF U.P. AND 5 OTHERS
WRIC/2553/2025 · 2025-04-07
Anish Kumar Gupta, Manoj Kumar Gupta
body2025
DailyLaw.ai
[ 2025 DAILYLAW 11522 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 11522 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:50508-DB HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No. 29) Court No. - 21 Case :- WRIT - C No. - 2553 of 2025 Petitioner :- Naval Kishore Mishra And 5 Others Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Jai Singh Yadav Counsel for Respondent :- C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J.
1. The instant petition has been filed praying for a writ of mandamus commanding the respondents to pay compensation to the petitioners for Gata no. 485Ka area 0.0450 hectare situated in Village Laxmipur Akdanga (Haweli), Tehsil Sadar, District Maharajganj.
2. The case of the petitioners is that they are bhumidhar of the aforesaid land. The respondents without their consent have constructed a drain over the same 35 years back for which the petitioners have not been paid any compensation.
3. The Executive Engineer, Irrigation Division-II, Maharaganj, respondent no. 5 herein has submitted written instructions according to which a spot inspection was carried out and in which it transpired that drain is flowing over Gata No. 485 Ga, which is recorded as such in the revenue records and the entire land of the petitioners comprising of Gata No. 485Ka was available on the spot.
4. Thus, the dispute between the parties, it appears relates to demarcation of their respective lands.
5. Consequently, we dispose of the instant petition with liberty to the petitioners to apply for demarcation of their holding, if so advised, under Section 24 of the U.P. Revenue Code, 2006 or avail such other remedy, as may be advised. Order Date :- 8.4.2025 Kirti (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad