KRIPA SHANKER TIWARI v. STATE OF U.P. THRU. PRIN. SECY. REVENUE DEPTT. LKO. AND 4 OTHERS
WRIC/4429/2025 · 2025-05-09
Ajai Kumar Srivastava I, Attau Rahman Masoodi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 139308 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 139308 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:27295-DB Court No. - 1 Case :- WRIT - C No. - 4429 of 2025 Petitioner :- Kripa Shanker Tiwari Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt. Lko. And 4 Others Counsel for Petitioner :- Sudhakar Mishra Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Attau Rahman Masoodi,J. Hon'ble Ajai Kumar Srivastava-I,J.
1. Heard learned counsel for the petitioner, learned Standing Counsel for the State- respondents and Sri Mohan Singh, learned counsel for respondent No.5.
2. It is averred in the writ petition that Gata No.168 belongs to the petitioner which is evident from the revenue records. The petitioner has constructed a residential house on Gata No.168, which is situated adjacent to Gata No.75, recorded as khalihan. It is stated in the writ petition that while constructing the residential house on Gata No.168, a minor part of Gata No.75 came to be encroached upon, and this fact came to the knowledge of the petitioner once the exchange demarcation were carried out by the Gram Panchayat. The petitioner has stated that Gata No.168 is situated adjoining to Gata No.75. It is acceptable to the petitioner that an equal area of land out of Gata No.168 may be exchanged for the utilization of a small portion of Gata No.75, the
dimensions of which have been worked out.
3. For such a relief, it is open to the petitioner to initiate appropriate proceedings under Section 101 of the U.P. Revenue Code, 2006 which liberty we leave open for the petitioner, if so chosen.
4. We, however, provide that if the proceedings under Section 101 of the U.P. Revenue Code, 2006, for exchange of an equal area are initiated by the petitioner within a period of 15 days from today before the competent court, the exchange proceedings initiated, if any, shall be decided expeditiously and preferably within a period of six months.
5. For a period of six months, coercive measures shall not be taken against the petitioner provided the proceedings aforesaid are initiated as above.
6. The writ petition is, accordingly, disposed of. [Ajai Kumar Srivastava-I, J.] [Attau Rahman Masoodi, J.] Order Date :- 9.5.2025 cks/- Digitally signed by :- CHANDRA KANT SINGH High Court of Judicature at Allahabad, Lucknow Bench