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2025 DAILYLAW 126467 (ALL)

RAMAKANT SONI @ RAMU AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. REVENUE DEPTT. U.P. LKO. AND 4 OTHERS

WRIC/2128/2025 · 2025-03-12

Om Prakash Shukla, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:15158-DB Court No. - 2 Case :- WRIT - C No. - 2128 of 2025 Petitioner :- Ramakant Soni @ Ramu And Another Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt. U.P. Lko. And 4 Others Counsel for Petitioner :- Arshad Siddiqui,Akshay Singh,Vaibhav Chauhan Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. 1. Application for amendment filed today by learned Counsel for the petitioners is taken on record. 2. Heard. 3. The petitioners claim that boundaries of their Gata No.390 have been demarcated but certain privates persons, whose names have been disclosed in the affidavit in support of the amendment application, are interfering in their possession. They say that the private persons have no right in the said land, neither any proceedings are pending in respect thereof nor do they have any bhumidhari land situated adjacent to the land of the petitioners. It is also alleged that they have encroached Banjar land. Let the petitioners approach the Sub Divisional Magistrate, Sadar, Tehsil Raebareli, District-Raebareli, who shall get an inquiry conducted to ascertain the correct facts and based thereon, if he finds that the alleged encroachers have no right whatsoever in the land of the petitioners nor are there any proceedings pending wherein any order may be operating in their favour then he shall take remedial measures with the assistance of the police authorities to protect the land of the petitioners, however, if he finds that they have a genuine claim to title or possession then the petitioners will have to avail other remedies. In either eventuality, he shall take a considered decision and the police authorities shall be obliged to assist the Sub Divisional Magistrate concerned in compliance of this order. Needless to say that the alleged encroachers would also be heard. 4. With the aforesaid observations/directions, the writ petition as well as the amendment application filed today is disposed of. (Om Prakash Shukla, J.) (Rajan Roy, J.) Order Date :- 12.3.2025/(-Piyush-) Digitally signed by :- PIYUSH YADAV High Court of Judicature at Allahabad, Lucknow Bench