SANTARAM v. STATE OF U.P. THRU. PRIN. SECY. REVENUE DEPTT. LKO AND 3 OTHERS
WRIC/1234/2025 · 2025-02-12
Om Prakash Shukla, Rajan Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 121608 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 121608 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:8924-DB Court No. - 2 Case :- WRIT - C No. - 1234 of 2025 Petitioner :- Santaram Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt. Lko And 3 Others Counsel for Petitioner :- Krishna Kumar Singh,Anshu Singh Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J.
1. None appears for the petitioner.
2. Heard Shri Manish Mishra, learned Additional Chief Standing Counsel for the State and Shri Dilip Kumar Pandey,
learned counsel for the Gaon Sabha.
3. Learned counsel for the Gaon Sabha says that in the consolidation records which is Form- 41, Gata No. 458 and 459 are recorded for Panchayat and as 'Parti' respectively, therefore, according to him, the relief prayed for which is removal of 'debris' lying on Gata No. 458 and 459, which, according to the petitioner, is bhumidhari land, should be removed and possession of the said land should be given to the petitioner free of any such 'debris', can not be granted.
4. However, on being asked as to where is the Khatauni for the latest fasli learned counsel for the Gaon Sabha submitted that though, it is not annexed, but, the petitioner is recorded as bhumidhar in respect of the said Gatas to the extent of his shares and there is no dispute in this regard.
5. At this stage, Shri Manish Mishra, learned Additional Chief Standing Counsel says that there is a dilapidated Panchayat Bhawan existing on Gata No. 459 which is not in use and Gata No. 459 is vacant.
6. In these circumstances, if the petitioner wants the possession of the land or settlement of his rights in respect thereof, then, he should initiate proceedings under the U.P. Revenue Code, 2006.
7. With the aforesaid observations/directions, the writ petition is
disposed of. . (Om Prakash Shukla,J.) (Rajan Roy,J.)
Order Date :- 12.2.2025 R.K.P. Digitally signed by :- RAJ KUMAR PATEL High Court of Judicature at Allahabad, Lucknow Bench