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2025 DAILYLAW 128030 (ALL)

KALISHANKER AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. REVENUE DEPTT. LKO AND 7 OTHERS

WRIC/2426/2025 · 2025-03-17

Om Prakash Shukla, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:15602-DB Court No. - 2 Case :- WRIT - C No. - 2426 of 2025 Petitioner :- Kalishanker And Another Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt. Lko And 7 Others Counsel for Petitioner :- Ravindra Kumar Yadava,Sunil Kumar Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. Heard. Considering the order proposed to be passed, issuance of notice upon respondent No.7 is dispensed with. The petitioners claim that they belong to schedule caste and have been granted lease of certain land for housing purpose under the revenue statute way back in 1991. Contention is that the private respondent No.7 has encroached on the said land and constructed shop etc.. We have gone through the pleadings in the writ petition. There has been litigation before the Civil Court, but the petitioners say that they were not defendants in the said suit filed by respondent No.7, which was decided on the basis of compromise without impleading the defendants. Thereafter, proceedings for cancellation of petitioners' patta was initiated, which have been dismissed on the ground of limitation after remand from the High Court, vide order dated 27.02.2020. Yet, the petitioners have not been handed over possession. Let the Collector, Unnao look into the matter and get the facts verified on an application to be submitted by the petitioners to him to ascertain as to whether a valid patta was granted to the petitioners, if so, under what circumstances possession, if it is so, was never handed over to them and also as to under what circumstances, the respondent No.7 is in possession of patta land, if it is so, what is his rights. Let the petitioners submit an application along with supporting proof within ten days whereupon the Collector shall get an inquiry conducted and take a decision in the matter within two months, but after hearing the respondent No.7, unless there is any legal impediment in the form of any restraint order of any Court, in which case, it shall be informed to the petitioners. The present petition is disposed of in the aforesaid terms. (Om Prakash Shukla,J.) (Rajan Roy,J.) Order Date :- 17.3.2025 Gurpreet Singh Digitally signed by :- GURPREET SINGH High Court of Judicature at Allahabad, Lucknow Bench