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2025 DAILYLAW 123887 (ALL)

OM PRAKASH CHAUHAN AND 4 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. REVENUE AND 7 OTHERS

WRIC/1568/2025 · 2025-02-18

Om Prakash Shukla, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:10425-DB Court No. - 2 Case :- WRIT - C No. - 1568 of 2025 Petitioner :- Om Prakash Chauhan And 4 Others Respondent :- State Of U.P. Thru. Prin. Secy. Revenue And 7 Others Counsel for Petitioner :- Dinesh Kumar Ojha Counsel for Respondent :- C.S.C.,Pankaj Gupta Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. 1. Heard. 2. Petitioners' grievance is with regard to the alleged encroachment on their Bhumidhari land bearing Gata No.686 situated at Village-Jagdishgarh, Tehsil-Patti, P.S.-Kandhai, District-Pratapgarh. However, learned Standing Counsel has written instructions from Sub-Divisional Magistrate that a road is being constructed by Public Works Department not on the Bhumidhari land of the petitioners but on Gata Nos.706, 705 and 719. However, considering the grievance of the petitioners, the official opposite parties have been asked to get the land in question demarcated. It is also informed that process of demarcation will take two weeks. Petitioner has also moved an application for demarcation of his Gata in which a preliminary report has been submitted. 3. Let the aforesaid exercise be completed at the earliest. Construction of the road should not be undertaken on the Bhumidhari land of the petitioners unless it is acquired or purchased as per law or petitioners offer in writing to give their land for the said purpose. Once the demarcation exercise is completed and the picture is clear then consequential remedial action may be taken by the petitioners or the opposite parties as the case may be. 4. Accordingly, the petition is disposed of. (Om Prakash Shukla,J.) (Rajan Roy,J.) Order Date :- 18.2.2025 Shanu/- Digitally signed by :- SHANU SUMAN High Court of Judicature at Allahabad, Lucknow Bench