MOHAMMAD YUNUS AND ANOTHER v. DISTRICT MAGISTRATE, AMBEDKAR NAGAR AND OTHERS
WRIC/3172/2025 · 2025-05-02
Om Prakash Shukla, Rajan Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 131628 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 131628 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:25399-DB Court No. - 2 Case :- WRIT - C No. - 3172 of 2025 Petitioner :- Mohammad Yunus And Another Respondent :- District Magistrate, Ambedkar Nagar And Others Counsel for Petitioner :- Arvind Kumar Pathak,Sandeep Kumar Singh Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. Shri Arvind Kumar Pathak, learned Counsel for the petitioners is sending adjournment slips repeatedly. Even today, he has again sent illness slip. On a reading of the writ petition and the documents annexed, it appears that the petitioners claim to be tenure holders of Gata No. 1513 (ज), and alleges encroachment on the same by the opposite parties in the garb of construction of a Khadanja road whereas learned Standing Counsel has instructions to the effect that the Khadanja road is being constructed on Gata No. 1513 (ट). Apparently, it appears that the Gata no. 1513 was a min jumla gata and theoretical division has taken place, that is why, 1513 (ज) & 1513 (ट). It seems that actual division of the holding by meets and bounds has not taken place. We fail to understand as to how and on what basis the opposite parties are proceeding to construct the Khadanja road assuming it to be on Gata No. 1513 (ट), when there is no division of holdings by meets and bound. Likewise, how the petitioners are claiming that it is an encroachment on their land, possibly, the tenure holders are in possession of particular portion of the land, and based on the same, all the parties are proceeding. It would be better if division of holding takes place in terms of Section 30. The opposite parties may initiate proceedings thereunder. or the petitioners may initiate such proceedings which will resolve the dispute. The writ petition is accordingly disposed of. Order Date :- 2.5.2025 Lokesh Kumar [Om Prakash Shukla, J.] [Rajan Roy, J.] Digitally signed by :- LOKESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench