SMT. REKHA v. STATE OF U.P. THRU. DISTRICT MAGISTRATE/COLLECTOR BARABANKI AND 4 OTHERS
WRIC/1593/2025 · 2025-02-20
Om Prakash Shukla, Rajan Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 123839 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 123839 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:11155-DB Court No. - 2 Case :- WRIT - C No. - 1593 of 2025 Petitioner :- Smt. Rekha Respondent :- State Of U.P. Thru. District Magistrate/Collector Barabanki And 4 Others Counsel for Petitioner :- Virendra Kumar Shukla,Shyam Pratap Singh Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. Heard learned counsel for the petitioner, learned Additional Chief Standing Counsel for the State and Shri Mohan Singh, learned Addtitional Chief Standing Counsel for the State. The petitioner claims to have a 'Patta' in respect of certain area of Gata No. 533M and alleges unnecessary interference in her rights by the opposite parties no. 4 and
5. Learned Additional Chief Standing Counsel has instructions from the S.D.M. that in fact the petitioner has a 'Patta' in her name for an area of 0.010 hectares, however, it is also informed that the dispute is between the petitioner and private opposite party no. 4. If there is valid 'Patta' in favour of the petitioner, then, the opposite party no. 5 should not interfere in the matter unless the petitioner is utilizing any land in excess of the 'Patta' in which case the opposite party no. 4 can inform the opposite party no. 2 who shall do the needful, however, if there is any other dispute between the petitioner and opposite party no. 4, then, the petitioner shall seek remedy before the Civil Court, however, if the petitioner is exercising his rights within the area allotted to him by way of 'Patta' then the opposite party no. 2 will be obliged to protect the rights of the petitioner and if any hindrance is created by the opposite party no. 4 without raising any dispute regarding title or possession before any Court, then, opposite party no. 2 shall restrain. Before taking any action the S.D.M. will hear out the opposite party no. 4, therefore, there is no need to issue notice to him. Ordered accordingly. This order is without prejudice to the rights, if any, of the opposite party no. 4 in respect of the land if the same has
been claimed in any Court, Civil or Revenue. With the aforesaid observations/directions, the writ petition is disposed of. . (Om Prakash Shukla,J.) (Rajan Roy,J.) Order Date :- 20.2.2025 R.K.P. Digitally signed by :- RAJ KUMAR PATEL High Court of Judicature at Allahabad, Lucknow Bench