RAM SHABAD YADAV AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. REVENUE U.P. GOVT. LKO. AND 8 OTHERS
WRIC/364/2025 · 2025-01-16
Brij Raj Singh, Rajan Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 116808 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 116808 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:2810-DB Court No. - 2 Case :- WRIT - C No. - 364 of 2025 Petitioner :- Ram Shabad Yadav And 3 Others Respondent :- State Of U.P. Thru. Prin. Secy. Revenue U.P. Govt. Lko. And 8 Others Counsel for Petitioner :- Ashok Kumar Shukla Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Rajan Roy,J. Hon'ble Brij Raj Singh,J.
1. Heard.
2. The petitioner claims that there are certain 'Samadhis' on Gata No. 1002/5, which is recorded as 'Banzar' in the khatauni though he does not have copy of the khatauni nor has it been filed instead he relies upon certain documents prepared in consolidation proceedings wherein Gata No. 1002/5 is recorded as 'Banzar' and 'Shamshan'. He says that 'Samadhi' is of his predecessors, however, he does not claim any right in the land bearing Gata No. 1002/5. He submitted that a cow shed is sought to be constructed on the aforesaid land though the Gaon Sabha has proposed another land.
3. Learned counsel for the petitioner relies upon Annexure No. 2 wherein Gram Pradhan is alleged to have informed District Magistrate that part of land is 'Kabristan' while part is 'Abadi'.
4. At this stage on being asked as to whether the petitioner has any 'Abadi' on the said land, he submitted that he has, however, he is unable to establish as to under what authority the houses have been constructed on such land.
5. Be that as it may, these are all complicated issues involving title and right to possession, which cannot be gone into in these proceedings. The petitioner may avail other remedies as may be prescribed in law. It is also not possible for this Court under Article 226 of the Constitution of India to ascertain whose 'Samadhi' existing on land in question are those of petitioners predecessors. The petitioner may approach concerned authority in this regard.
6. The petition is, accordingly, disposed of. [Brij Raj Singh, J.] [Rajan Roy, J.] Order Date :- 16.1.2025 Anuj Singh Digitally signed by :- ANUJ PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench