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2025 DAILYLAW 137696 (ALL)

RAM JIYAWAN v. STATE OF U.P. THRU. PRIN. SECY. REVENUE DEPTT. LKO. AND 8 OTHERS

WRIC/4202/2025 · 2025-05-02

Om Prakash Shukla, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:25516-DB Court No. - 2 Case :- WRIT - C No. - 4202 of 2025 Petitioner :- Ram Jiyawan Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt. Lko. And 8 Others Counsel for Petitioner :- Shobh Nath Pandey Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. Vakalatnama filed today by Shri Raghvendra P. Singh, Advocate on behalf of opposite party no. 5 is taken on record. Heard. The counsel for the petitioner says that the proceedings for map correction at the behest of the petitioner are pending. It is alleged that the Gram Pradhan has destroyed the crops on the land in possession of the petitioner, which according to him is his and is now proposing to construct a chak marg thereon. The Standing Counsel says that on Gata no. 368 is earmarked for chak marg, but that has not been constructed till date. In view of the pendency of proceedings for map correction, let the Collector or whosoever is seized with the said proceedings under Section 30 of the U.P. Revenue Code, 2006 conclude the proceedings within two months. Based on the result of the proceedings, if it is found that the land, on which the chak marg is proposed to be constructed and on which the crop was existing as claimed by the petitioner, is in fact part of the bhumidhari land of the petitioner, then the Gram Pradhan or whosoever is involved in the said exercise shall keep his hand off. However, if it is found that the application of the petitioner has not been allowed and the land, on which the chak marg is proposed to be constructed is not bhumidhari land of the petitioner, then it shall be open for the concerned opposite parties to proceed against him without prejudice to rights of the petitioner to challenge such decision. We confronted the counsel for opposite party no. 5, Shri Raghvendra Pratap Singh who has an order in his favour passed on 06.03.2025 passed in Writ-C No. 1927 of 2025 as to why this Court was not informed at the time of passing of the said order that there were map correction proceedings pending at the behest of the petitioner in respect to Gata Nos. 362 and 363, He submitted that the said matter related to Gata No. 364. If any other application for map correction pertaining to the said Gatas or any adjacent gata is pending, the same should also be decided within two months so that this controversy comes to an end. With the aforesaid observations/observations, the writ petition is disposed of. Order Date :- 2.5.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench