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2025 DAILYLAW 136436 (ALL)

GANGA RAM v. COLLECTOR/DISTT. MAGISTRATE, BAHRAICH AND OTHERS

WRIC/3993/2025 · 2025-04-30

Om Prakash Shukla, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:24867-DB Court No. - 2 Case :- WRIT - C No. - 3993 of 2025 Petitioner :- Ganga Ram Respondent :- Collector/Distt. Magistrate, Bahraich And Others Counsel for Petitioner :- Basant Lal Yadav,Aman Agarwal,Dileep Kumar Yadav Counsel for Respondent :- C.S.C.,Pankaj Gupta Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. 1. Heard. 2. This petition has been filed seeking following reliefs :- "(i) to issue a writ, order or direction in the nature of Mandamus commanding the opposite parties and directing specially the opposite party No.1 to make ensure and clear the Chak Marg lies between the land Gata No. 468 pertaining to the petitioner and land Gata Nos. 488 and 489 pertaining to the opposite party No. 9 after proper measurement of the said numbers under his supervision and also make proper and impartial measurement of land Gata No.1042 pertaining to the petitioner as well as land Gata No. 469 pertaining to the opposite parties No. 6 to 8 in the interest of justice; (ii) to issue a writ, order or direction in the nature of Mandamus commanding the opposite parties and directing specially the opposite party No.1 to ensure the proper measurement of the land of the petitioner by a team constituted by him and make ensure boundary marking of his land Gata No. 468 and 1042 in the interest of justice; (iii) to issue a writ, order or direction in the nature of Mandamus commanding the opposite parties and directing specially the opposite party No.1 to open the Chak Marg lying between the Chak of petitioner and opposite party No.9 in the interest of justice; (iv) to issue any other suitable order or direction which this Hon'ble Court may deem just and proper under the circumstances of the case in favour of the petitioner; (v) to allow the writ petition with costs." 3. Apart from the fact that the relief clause is quite vague, apparently, there is some dispute between the petitioner and private opposite parties and some proceeding under Section 24 of the U.P. Revenue Code, 2006 has also been undertaken. 4. Grievance of the petitioner is against the Gram Pradhan as to the construction of the Chak. The petitioner says that it is constructed on his gata, bearing No. 468. 5. Let the petitioner approach the Sub-Divisional Magistrate concerned, who may get the facts verified as to whether as a consequence of any demarcation, the land on which the chak marg is being constructed falls within the boundaries of Gata No. 468 or not, if it does not fall, then, of course, the petitioner will have no cause subject of course to his rights in pending appeal, however, if it falls within his gata, then, the Sub- Divisional Magistrate concerned shall take remedial measures as per law so will the Gram Pradhan who is said to be undertaking the construction of chak mark unless there is any legal impediment in which case the petitioner shall be informed accordingly. However, in doing so, if the pendency of appeal or any other proceedings before any other Court is a hurdle, then, this fact can be informed to the petitioner without taking any decision. 6. The writ petition is disposed of. . (Om Prakash Shukla, J.) (Rajan Roy, J.) Order Date :- 30.4.2025 Ajit Digitally signed by :- AJIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench