NIRMALA v. STATE OF U.P. THRU. SECY. PUBLIC WORK DEPTT. (PWD) CIVIL SECTT. GOVT. LKO AND OTHERS
WRIC/4041/2025 · 2025-04-29
Om Prakash Shukla, Rajan Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 136627 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 136627 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:24392-DB Court No. - 2 Case :- WRIT - C No. - 4041 of 2025 Petitioner :- Nirmala Respondent :- State Of U.P. Thru. Secy. Public Work Deptt. (Pwd) Civil Sectt. Govt. Lko And Others Counsel for Petitioner :- Piyush Pathak,Om Prakash Prajapati,Vaibhav Prakash Jaiswal Counsel for Respondent :- C.S.C.,Patanjali Chaturvedi Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. Heard learned counsel for the petitioner, learned Additional C.S.C. for the State opposite parties and Sri Patanjali Chaturvedi, learned counsel for the opposite party No.5. The grievance of the petitioner was of encroachment on his bhumidhari land bearing Gata No.976, situated at Mau Yaduwanshour (Haweli Awadh), Tehsil Sohawal, District Ayodhya that too during pendency of proceeding under Section 24 of the Uttar Pradesh Revenue Code, 2006, however, learned Standing Counsel has instructions to inform this Court that earlier the work was being undertaken by the Nagar Nigam, Ayodhya but now the work has been stopped on account of pendency of proceeding under Section 24 of the Uttar Pradesh Revenue Code, 2006. We direct the Sub Divisional Magistrate concerned to dispose of the demarcation proceeding as per law within a period of two months. Based on the result of the said demarcation, if it is found that the construction/work being undertaken by the Nagar Nigam, Ayodhya, is on the bhumidhari land of the petitioner, then it will have to be removed at their own cost, however, if it is found that it is not so and the work/construction is being undertaken on other land i.e. land other than the bhumidhari land of the petitioner and it does not encroach any other bhumidhar land and it is otherwise permissible to undertake the said work, then it shall be proceeded. The Writ Petition stands disposed of. (Om Prakash Shukla,J.) (Rajan Roy,J.) Order Date :- 29.4.2025 Saurabh Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench