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2025 DAILYLAW 125452 (ALL)

MOHAMMAD SHARIF KHAN v. STATE OF U.P. THRU. PRIN. SECY. REVENUE U.P. LKO. AND 7 OTHERS

WRIC/1916/2025 · 2025-03-06

Om Prakash Shukla, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:13835-DB Court No. - 2 Case :- WRIT - C No. - 1916 of 2025 Petitioner :- Mohammad Sharif Khan Respondent :- State Of U.P. Thru. Prin. Secy. Revenue U.P. Lko. And 7 Others Counsel for Petitioner :- Ram Prasad Dwivedi Counsel for Respondent :- C.S.C.,Pankaj Gupta,Rishabh Kapoor Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. Shri Aditya Mohan, Advocate has filed his vakalatnama on behalf of the opposite parties no. 6 and 7. The same is taken on record. Heard Shri Ram Prasad Dwivedi, learned counsel for the petitioner, learned Additional Chief Standing Counsel for the State and Shri Aditya Mohan, learned counsel for the opposite parties no. 6 and 7. The petitioner alleges construction of water tank over Gata No. 511M which is recorded in the revenue records as 'Kabristan' and a grove. He also claims that the trees of the grove were planted by the ancestors of the petitioner. Learned Additional Chief Standing Counsel for the State says that as per his instructions the construction is taking place on Gata No. 511Kha, however, the petitioner's counsel says that there is no actual division of the minzumla gata by metes and bounds, therefore, there is no way that the opposite parties could decide that the construction is taking place on Gata No. 511Kha, as claimed. The petitioner may move representation before the opposite parties no. 6 and 7 who may get the facts verified, as how for it is permissible to construct the Water Tank on the Gata in question and take a decision in this regard promptly, say, within a period of six weeks. As regards the claim of the petitioner to the trees forming part of the grove, we can not adjudicate the same and it is open for the petitioner to raise his grievance separately. The writ petition is disposed of in the aforesaid terms. . (Om Prakash Shukla,J.) (Rajan Roy,J.) Order Date :- 6.3.2025 R.K.P. Digitally signed by :- RAJ KUMAR PATEL High Court of Judicature at Allahabad, Lucknow Bench