Neutral Citation No. - 2025:AHC-LKO:11077-DB Court No. - 2 Case :- WRIT - C No. - 1612 of 2025 Petitioner :- Brij Raj Ram @ Brij Raj Respondent :- State Of U.P. Thru. Secy. Revenue Deptt. Lko. And 6 Others Counsel for Petitioner :- Vinay Kumar,Noor Alam Khan,Touqeer Ahmad Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey,Rishabh Kapoor Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. 1. Heard learned counsel for the petitioner, learned Additional Chief Standing Counsel for the State, Shri Dilip Kumar Pandey, learned counsel for the Gaon Sabha and Shri Rishabh Kapoor, learned counsel for the opposite party no. 6. 2. The petitioner alleges interference by the opposite parties with the land measuing 39 decimals forming part of Gata No. 152M which was granted to the petitioner under the Government Grants Act, 1895. He relies upon an order dated 11.01.1999. Photocopy of a Patta contained in Annexure No. 1 and the order dated 11.01.1999 passed under Section 33 of the U.P. Land Revenue Act, 1901 in this regard as also the revenue records. 3. The petitioner had earlier filed a writ petition bearing Writ -C No. 11521 of 2023 which was decided on 22.12.2023 in the following terms:- "1. Heard Sri Shahid Salam, Advocate holding brief of Sri Mohd. Shamim, learned counsel for petitioner, Sri Dilip Kumar Pandey, learned counsel for respondent no.5 and learned Standing Counsel for State. 2. Present writ petition is filed by the petitioner claiming that he was granted a patta i.e. Gata No.152 Minjumla and land measuring 0.045 hect. separately in compliance of order dated 11.01.1999 in village- Rani Nagar Colony, Tehsil- Paliya, District-Lakhimpur Kheri by Government, however, without giving any notice or opportunity of hearing, respondent authorities are proceeding to demolish the house of petitioner. 3. Learned Standing Counsel fairly concedes that respondents can only take action against petitioner after giving due notice or opportunity of hearing. 4. In view thereof, respondent no.3 Sub-Divisional Magistrate, Paliya, District-Lakhipur Kheri shall ensure that no action is taken against petitioner, except in accordance with law. 5. With the aforesaid, the writ petition is disposed of." 4. Contempt application bearing Contempt Application (Civil) No. 711 of 2024 has been filed which is still pending. 5. Learned Additional Chief Standing Counsel has instructions from the Tehsildar to the effect that so far as the area leased out to the petitioner the same remains unaffected by the construction of the Water Tank by the concerned opposite parties. 6. Let the petitioner approach the Sub-Divisional Magistrate, Paliya, District- Lakhimpur Kheri who shall get the area, leased out to the petitioner, demarcated unless it has already been done and ensure that his area as mentioned in the lease and on which he may be in possession in terms thereof is not interfered in any manner unless there is any order of any Court. This exercise shall be completed within a period of three weeks. 7. 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