MOHD. ISLAM AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. REVENUE DEPTT. LKO. AND 3 OTHERS.
WRIC/2529/2025 · 2025-03-12
Om Prakash Shukla, Rajan Roy
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 128464 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 128464 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:15422-DB Court No. - 2 Case :- WRIT - C No. - 2529 of 2025 Petitioner :- Mohd. Islam And 3 Others Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt. Lko. And 3 Others. Counsel for Petitioner :- Vimal Kishore Verma,Harsh Verma Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. Heard. The petitioners have filed this writ petition seeking quashing of notice dated 1.3.2025 served to the petitioner on 3.3.2025. Further, a direction has also been sought to the opp. party Nos. 2 to 4 to not demolish the petitioners' house and shops exising over Gata No. 175 situated in village Kodaura, Pargana Kondari South, Tahsil Mahmoodabad, District Kheri. The Sri Mayank Kumar Mishra, Standing Counsel has oral instructions through the Tehsildar concerned that any action in pursuance to the impugned notice dated 1.3.2025 shall be taken only after demarcation of boundaries of Gata No. 175 which, according to the petitioners, is their Bhumidhari land and Gata No. 174, which is recorded as Road. We dispose of the writ petition in terms of the Statement, meaning thereby the Tehsildar concerned shall act strictly in accordance with it and during the demarcation proceedings the petitioners shall also be associated in terms of the provisions contained in Section 24 of the U.P. Revenue Code 2006 and the corresponding Rules of the Rules 2006. If after demarcation it is found that the structure of the petitioners is existing on their own Bhumidhari land, then the
opposite parties shall desist from interfering in it, however, if it is found to be otherwise, then a proper notice shall be given to the petitioners in terms of the statutory provisions and the
judgment of Hon'ble the Supreme Court dated 13.11.2024 passed in Writ Petition (Civil) No. 295 of 2022 and thereafter further action shall be taken. (Om Prakash Shukla, J.) (Rajan Roy, J.)
Order Date :- 12.3.2025 A.Nigam Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench