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2025 DAILYLAW 132358 (ALL)

MUNNA PRASAD AND ANOTHER v. STATE OF U.P. THRU. ITS PRIN. SECY. REVENUE DEPTT. LKO. AND 3 OTHERS

WRIC/3345/2025 · 2025-04-08

Om Prakash Shukla, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:19593-DB Court No. - 2 Case :- WRIT - C No. - 3345 of 2025 Petitioner :- Munna Prasad And Another Respondent :- State Of U.P. Thru. Its Prin. Secy. Revenue Deptt. Lko. And 3 Others Counsel for Petitioner :- Vivek Kumar Tripathi,Arpit Kumar Mishra,Ujjwal Mishra Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. Heard Sri Vivek Kuamr Tripathi, learned counsel for the petitioners as also Sri Mohan Singh, learned counsel for Gaon Sabha, and the learned Addl. C.S.C. for the State. The petitioners allege encroachment on their Bhumidhari land, Gata No. 246 and 248, for construction of a Chak Marg, whereas the Standing counsel, says that as per his instructions there exists a Chak Marg on the Northern side of Gata No. 248, which is being levelled by the Gram Panchayat.. The revenue map reveals that the Chak Marg is on Gata No. 223, which is adjacent to Gata No. 248. It would be better if the boundaries of Gata No. 223, which is Chak Marg, and that of Gata Nos. 248 and 246 are demarcated as per law. Let the petitioner initiate proceedings for the same before the opp. party No. 3, whereupon he shall take cognizance of the matter and conduct necessary exercise as per law, but with expedition and complete it within 2 months. Based on the aforesaid exercise if it is found that any portion of Bhumidhari land of the petitioner has been encroached, then remedial measures will have to be taken by the Gram Panchayat or the opp. party No. 3, as the case may be, however, if it is found that the levelling of the Chak Marg or its repair etc. does not encroach upon the Bhumidhari land of the petitioner, then the matter shall rest as it is, but with a right of appeal to the petitioners against the decision of the S.D.O., Jalalpur, District Ambedkar Nagar. It is, however, made clear that if any such exercise of demarcation in respect of the Gatas in question has already been undertaken in terms of Section 24 of the U.P. Revenue Code 2006 and the Rules corresponding to it, then no fresh exercise would be required. Then ascertainment, as aforesaid, would be made on the proceedings already conducted, subject to right of appeal, if any, of the aggrieved person(s). With the above observations/directions this writ petition is disposed of. (Om Prakash Shukla, J.) (Rajan Roy, J.) Order Date :- 8.4.2025 A.Nigam Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench