Neutral Citation No. - 2025:AHC-LKO:17060-DB Court No. - 2 Case :- WRIT - C No. - 2467 of 2025 Petitioner :- Umar Jahan @ Umara Jahan Respondent :- State Of U.P. Thru. Prin. Secy. Urban Development Lko And 3 Others Counsel for Petitioner :- Narendra Gupta Counsel for Respondent :- C.S.C.,Puspendra Kumar Singh Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. 1. Heard Shri Narendra Gupta, learned counsel for the petitioner and Shri Manish Mishra, learned Additional Chief Standing Counsel for the State. 2. On 10.03.2025 the following order was passed:- "Heard. As prayed by learned counsel for the Nagar Palika, put up this case on 25.03.2025 as fresh enabling him to demonstrate that demarcation of the boundaries of Gata No.1389 has taken place, as on reading of the khataunies and the map, it appears that though theoretical division of Gata No.1389 may have taken place but actual physical division has not taken place otherwise it would have reflected in the map but this would not be of much relevance if the boundaries of Gata No.1389 have been demarcated and there is proof to show that the house of the petitioner is within the boundaries of Gata No.1389. Let the counsel for the State and Nagar Palika demonstrate the aforesaid. Till the next date of listing, the existing construction of the petitioner shall not be demolished. This order shall however not be extended if any adjournment is sought by the petitioner. Office is directed to provide a copy of this order to the learned counsel for the petitioner today itself, if possible." 3. The petitioner claims rights in respect of Gata No. 1374 and also that he has built a house structure on the said Gata. The said Gata was purchased by the petitioner by sale deed, as claimed. 4. Today, Shri Manish Mishra, learned Additional Chief Standing Counsel says that theoretical division of Gata No. 1389, which is recorded as Pond, has been done, but, actual division of the holding on the spot had not been done, but, after passing of the above quoted order an exercise was conducted and the boundaries of the aforesaid Gata No. 1389 were demarcated and it was found that the structure being claimed by the petitioner is within the precincts of Gata No. 1389. The petitioner, however, was not associated with the said exercise. 5. It would be better if an exercise is conducted for demarcation of the boundaries of the aforesaid Gata in terms of Section 24 of the U.P. Revenue Code, 2006 read with corresponding Rules of 2016 at the earliest and based on the said exercise if it is found that the house of the petitioner falls within the boundaries of Gata No. 1389, which is recorded as Pond and over which the petitioner does not have any right, then, remedial measures can be taken subject of course to further right of appeal etc. of the petitioner. 6. At this stage, Shri Manish Mishra, learned Additional Chief Standing Counsel informed that Gata No. 1389 is in three parts. Gata No. 1389/1 is recorded as Pond measuring 1.1630 hectares, Gata No. 1389/2 is recorded as 'Sadak Pakki' measuring 0.2280 hectares, Gata No. 1389/3 is recorded as bhumidhari land of one Abdul Qyum which the petitioner is not. 7. Till the aforesaid exercise is completed the demolition notice issued by the Nagar Palika shall remain in abeyance, however, if the proceedings ultimately result in a decision against the petitioner, then, it can be acted upon subject to right of appeal of the petitioner, if any. 8. With the aforesaid observations/directions, the writ petition is disposed of. . (Om Prakash Shukla,J.) (Rajan Roy,J.) Order Date :- 25.3.2025 R.K.P. Digitally signed by :- RAJ KUMAR PATEL High Court of Judicature at Allahabad, Lucknow Bench