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2025 DAILYLAW 119371 (ALL)

MOHD. SHAMBEEL v. STATE OF U.P. THRU. ITS PRIN. SECY. REVENUE DEPTT. LKO. AND 6 OTHERS

WRIC/737/2025 · 2025-01-29

Brij Raj Singh, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:6080-DB Court No. - 2 Case :- WRIT - C No. - 737 of 2025 Petitioner :- Mohd. Shambeel Respondent :- State Of U.P. Thru. Its Prin. Secy. Revenue Deptt. Lko. And 6 Others Counsel for Petitioner :- Rakesh Kumar Srivastava,Smt. Seema Srivastava Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Rajan Roy,J. Hon'ble Brij Raj Singh,J. Heard learned counsel for the petitioner, learned Additional Chief Standing Counsel for the State and Shri Mohan Singh, learned counsel for the Gaon Sabha. The petitioner alleges encroachment of his bhumidhari land by the Gaon Sabha to undertake construction of 'khadanza' on his land and join two public lands, however, learned counsel for the Gaon Sabha says that it is the petitioner who has encroached upon other lands and as of now no 'Khadanza' is being constructed. Be that as it may, if the Gaon Sabha proposes to undertake any construction whether of 'khadanza' or any other structure, then, it should ensure that there is no encroachment upon bhumidhari land of any farmer unless it is acquired or purchased as per law. If the petitioner has encroached any land, then, the Gaon Sabha or the Authorities can initiate proceedings under the U.P. Revenue Code, 2006 or the other relevant statute but only if there is a cause. With the aforesaid observations/ directions, the writ petition is disposed of. . (Brij Raj Singh,J.) (Rajan Roy,J.) Order Date :- 29.1.2025 R.K.P. Digitally signed by :- RAJ KUMAR PATEL High Court of Judicature at Allahabad, Lucknow Bench