MAHADEV v. STATE OF U.P. THRU. PRIN. SECY. REVENUE LKO. AND 10 OTHERS
WRIC/1345/2025 · 2025-02-14
Om Prakash Shukla, Rajan Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 122811 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 122811 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:9618-DB Court No. - 2 Case :- WRIT - C No. - 1345 of 2025 Petitioner :- Mahadev Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Lko. And 10 Others Counsel for Petitioner :- Suresh Chand Rathour Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. Heard learned counsel for the petitioner as also the learned Addl. C.S.C. for the State and Sri Dilip Kumar Pandey, Advocate. The petitioner alleges encroachment on his Bhumidhari land bearing Gata No. 335/2, area 0.6230 Hectare, situated in Village Bhaithadan, Pargana Gopamau, Tehsil & District Hardoi, for the purpose of constructing/widening of chak-road. Learned Standing Counsel, on the other hand, has written instructions to inform the court that it is the petitioner who had encroached the chak-road, which was removed earlier, and now again the chak-road has been encroached, for which the exercise is underway to remove it. There is no non-compliance of the earlier order passed in the earlier writ petitions filed by the petitioner, regarding which contempt petition is still pending. Considering the facts of the case, let the petitioner, if he is so interested, get his land demarcated by moving appropriate application under Section 24 of the U.P. Land Revenue Act 2006 before the S.D.M. concerned, within 15 days from today. If an application, as aforesaid, is filed within the time provided, the demarcation exercise shall be conducted as per Rules, but with promptness, say within 3 months from the date of filing certified copy of this order alongwith the application. Based on the result, if it is found that the petitioner's land has been encroached for the chak-road, then remedial measures would be taken either by way of removal of the chak-road or by paying compensation adequately. If it is found that some private person has encroached upon the land of the petitioner, then also remedial measures shall be taken by the S.D.M. under Section 24 of the Code 2006, so that possession of the petitioner's land is restored to him.
With the above observations/directions, this writ petition is
disposed of. (Om Prakash Shukla, J.) (Rajan Roy, J.)
Order Date :- 14.2.2025 A.Nigam Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench