KRISHNA KUMAR SINGH v. STATE OF U.P. THRU. ITS ADDL. CHIEF SECY./PRIN. SECY. REVENUE DEPTT. LKO. AND 6 OTHERS
WRIC/1724/2025 · 2025-02-24
Om Prakash Shukla, Rajan Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 124642 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 124642 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:11512-DB Court No. - 2 Case :- WRIT - C No. - 1724 of 2025 Petitioner :- Krishna Kumar Singh Respondent :- State Of U.P. Thru. Its Addl. Chief Secy./Prin. Secy. Revenue Deptt. Lko. And 6 Others Counsel for Petitioner :- Amit Kumar Singh Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. Heard. Admittedly, the Gata No.290 has been theoretically divided into Gata No.290 Ka to Gata No.290 Cha, however, no actual division of the holding has taken place by metes and bounds. We fail to understand as to how unless physical division of holding had taken place, any khadanja could be constructed claiming it to be constructed on Gata No.290 Ga. The same is the position with Gata No.310 which is also Minjumla Gata and in respect of this Gata also theoretical division has taken place but there is no actual physical division of holding and even the revenue map does not show any physical division of the said Gata. The petitioner claims to be bhumidhar of part of the said Gata . Let physical division of the holdings take place in terms of the Section 30(2) of the Uttar Pradesh Revenue Code, 2006 read with such other provisions of the Code and the Rules made therein applicable. Thereafter, if it is found that the khadanja has been constructed on any land, which falls in the bhumidari land of the petitioner, then remedial measures will have to be taken by the opposite parties, who have proceeded to construct the khadanja without undertaking the aforesaid exercise, unless ofcourse the land is compulsory acquired or purchased or given by the petitioner himself voluntarily in writing for the said purpose. Further, if it is found that the khadanja has not been constructed on the bhumidari land of the petitioner then the matter shall rest as it is. Let this exercise be completed within two months. The Writ Petition stands disposed of. (Om Prakash Shukla,J.) (Rajan Roy,J.) Order Date :- 24.2.2025/Saurabh Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench