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2025 DAILYLAW 123650 (ALL)

LALTA PRASAD AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. REVENUE LKO AND 4 OTHERS

WRIC/1621/2025 · 2025-02-18

Om Prakash Shukla, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:10441-DB Court No. - 2 Case :- WRIT - C No. - 1621 of 2025 Petitioner :- Lalta Prasad And 3 Others Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Lko And 4 Others Counsel for Petitioner :- Yogeshwar Sharan Srivastava Counsel for Respondent :- C.S.C.,Pankaj Gupta Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. Heard. The petitioners allege interference in the construction of house on land, which was leased out to their father and on which they are in possession, a fact which according to them is also borne out from the report dated 12.02.2003 annexed as Annexure No.2. However, learned counsel for the Gaon Sabha says that the contention is misplaced, as the petitioners are attempting to undertake construction of the house beyond the area of the lease. Moreover, the counsel for Gaon Sabha says that there is no proof of such lease in respect of petitioner No.1 or his predecessors in interest. The petitioner may approach Sub-divisional Magistrate, Kernailganj, Gonda, who may verify as to whether the petitioner No.1 or his predecessors in interest had any lease in respect of land in question and whether they are attempting to undertake construction on land beyond the area leased out to them for housing purpose. If, as a result of such inspection/ inquiry, he finds that they are undertaking construction or attempting to do so beyond the area of the lease, then the petitioners shall immediately demolish the excess construction, but the respondents shall not interfere in any construction made by the petitioners or to be made hereinafter within the area leased out to them or their predecessors in interest unless of course it is found that there was no lease. This exercise shall be completed by respondent No.2 within four weeks. The petitioners should undertake such construction only after the matter is decided by respondent No.2 as aforesaid. The present petition is disposed of in the aforesaid terms. (Om Prakash Shukla,J.) (Rajan Roy,J.) Order Date :- 18.2.2025 G. Singh/- Digitally signed by :- GURPREET SINGH High Court of Judicature at Allahabad, Lucknow Bench