Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 127725 (ALL)

PURANLAL @ PURANLAL PATHAK v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF REVENUE AND 11 OTHERS

WRIC/2392/2025 · 2025-03-17

Om Prakash Shukla, Rajan Roy

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:15617-DB Court No. - 2 Case :- WRIT - C No. - 2392 of 2025 Petitioner :- Puranlal @ Puranlal Pathak Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Revenue And 11 Others Counsel for Petitioner :- Anurag Pathak,Ashwini Kumar Ojha,Sarojani Misra Counsel for Respondent :- C.S.C.,Pankaj Gupta,Ratnesh Chandra Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. 1. Heard learned Counsel for the petitioner, Ms. Aditi Shree, Advocate holding brief of Shri Ratnesh Chandra, learned Counsel for opposite party No.2 and learned Standing Counsel for the State. 2. Petitioner confines his prayer only to the extent that the Gram Pradhan is alleged to have got a Khadanja constructed on Gata No.1173 of which the petitioner is a Bhumidhar as per the Khatauni, which is annexed as Annexure No.2 to the petition. Let the petitioner approach the opposite party No.4, Sub Divisional Magistrate Mahasi, District-Bahraich, who shall get an inquiry/inspection conducted to ascertain the truthfulness of the allegation of the petitioner as noticed hereinabove and if it is found that, in fact, a Khadanja has been constructed on the Bhumidhari land of the petitioner without any authority of law then remedial measures will have to be taken by the Gram Pradhan in this regard as per law, which may include removal of Khadanja or initiating proceedings for determination of compensation if the land is to be acquired compulsorily or purchasing the land, if the petitioner contends to for adequate consideration. Whatever finding is recorded by the Sub Divisional Magistrate shall be communicated to the Gram Pradhan and the petitioner for further action on their part. Let this exercise be completed within a period of one month from the date a certified copy of this order is produced before the Sub Divisional Magistrate concerned. Thereafter, further proceedings, if the occasion, so arises for compensation etc., can be initiated. 3. With the aforesaid observations/directions, the writ petition is disposed of. (Om Prakash Shukla, J.) (Rajan Roy, J.) Order Date :- 17.3.2025 -Piyush- Digitally signed by :- PIYUSH YADAV High Court of Judicature at Allahabad, Lucknow Bench