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2025 DAILYLAW 118548 (ALL)

VIPIN KUMAR TIWARI AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. URBAN DEVELOPMENT LKO. AND 3 OTHERS

WRIC/522/2025 · 2025-01-21

Manish Kumar, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:3949-DB Court No. - 2 Case :- WRIT - C No. - 522 of 2025 Petitioner :- Vipin Kumar Tiwari And Another Respondent :- State Of U.P. Thru. Prin. Secy. Urban Development Lko. And 3 Others Counsel for Petitioner :- Sharad Dwivedi,Satyendra Tiwari Counsel for Respondent :- C.S.C.,Namit Sharma Hon'ble Rajan Roy,J. Hon'ble Manish Kumar,J. 1. Sri Sankalp Dewari, Advocate has filed his Vakalatnama on behalf of Nagar Nigam which is taken on record. 2. Heard. 3. The petitioners claim to have purchased Gata no.164 on 03.01.2012. It is also his case that he has constructed a house on the said Gata. However, notices were issued to him in the year 2012 and 2018 that he has encroached upon Gata no.160 and, recently, boundary wall of the petitioner has been demolished on the same pretext. Now, a notice dated 30.11.2024 has been given to the petitioners asking them to produce evidence with regard to title in respect of Gata no.160. The reply to it has been given on 20.12.2024. Inspite of it, the petitioners are being threatened with demolition of their house. 4. Learned counsel for Municipal Corporation does not have instructions, as of now. 5. We are of the opinion that the Municipal Corporation, Lucknow should get the boundaries of Gata no.160 which is recorded as Khalihan demarcated as this would resolve the dispute, if any. The demarcation would have to be in terms of or in tune with the principles contained in Section 24 of the U.P. Revenue Code, 2006 read with Rule 22 of the U.P. Revenue Code Rules, 2016 with participation of the petitioners therein unless they themselves does not participate inspite of notice. Consequences will follow accordingly, meaning thereby, if as a result of such demarcation it is found that such house of the petitioners has been constructed by encroachment on Gata no.160 then they shall be put to notice in terms of recent decision of Hon'ble the Supreme Court dated 13.11.2024 rendered in a bunch of petitions leading petition being Writ Petition (Civil) No.295 of 2022 'In Re: Directions in the matter of demolition of structures' and action shall be taken strictly in accordance with the said law and any statutory provision in this regard. However, if it is found that house of the petitioners has not been constructed on Gata no.160 then no interference shall be made in the petitioners possession of his land/ house and it shall be open for the petitioners to seek such other reliefs as may be permissible in law so far as the alleged destruction of boundaries etc is concerned. This is subject to any third party rights in respect of the land which is being claimed by the petitioners and without prejudice to it. 6. With these observations/ direction, the petition is disposed of. (Manish Kumar,J.) (Rajan Roy,J.) Order Date :- 21.1.2025 Shanu/- Digitally signed by :- SHANU SUMAN High Court of Judicature at Allahabad, Lucknow Bench