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2025 DAILYLAW 129382 (ALL)

SHIV RAM AND 3 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. PANCHAYAT RAJ DEPTT. LKO AND 4 OTHERS

WRIC/2769/2025 · 2025-04-07

Om Prakash Shukla, Rajan Roy

Writ Petition (Civil)body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:19239-DB Court No. - 2 Case :- WRIT - C No. - 2769 of 2025 Petitioner :- Shiv Ram And 3 Others Respondent :- State Of U.P. Thru. Addl. Chief Secy. Panchayat Raj Deptt. Lko And 4 Others Counsel for Petitioner :- Sandeep Kumar Srivastava Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. Vakalatnama filed by Shri Arvind Kumar Tiwari, Advocate on behalf of the opposite party no. 4 is taken on record. Heard. The petitioners have challenged the notice dated 10.02.2025 issued by the Additional Chief Officer, Zila Panchayat, Shrawasti for removal of encroachment / illegal occupation on Gata No. 115. The notice does not mention the provision of the law under which such notice is being given. Secondly, it refers to some demarcation exercise by the Revenue Inspector but the petitioners say that this was behind their back and not in terms of Section 24 of the U.P. Revenue Code, 2006 read with Rule 22 of the U.P. Revenue Code Rules, 2016. On being confronted, learned Counsel for the Zila Panchayat could not satisfy us that the factual position was otherwise. We, therefore, allow the petitioners to submit their objections to the notice dated 10.02.2025, with a further stipulation, that after submission of the objections, demarcation exercise would be undertaken as per law i.e. as per Section 24 of U.P. Revenue Code, 2006 and the corresponding Rules. Thereafter, if, based on the result of such enquiry and subject to right to appeal, if any, of the petitioners, it is found that the petitioners have encroached on some land belonging to the Zila Panchayat, then further action can be taken as per law for eviction of the petitioners from the said land, and if there are structures existing on the said land, then the judgment of Hon'ble the Supreme Court dated 13.11.2024 rendered in Writ Petition (Civil) No. 295 of 2022 shall also be adhered. The petition is disposed of in the aforesaid terms. Order Date :- 7.4.2025 Lokesh Kumar [Om Prakash Shukla, J.] [Rajan Roy, J.] Digitally signed by :- LOKESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench