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2025 DAILYLAW 141692 (ALL)

GHANSHYAM DUBEY AND ANOTHER v. STATE OF U.P. THRU. SECY. REVENUE LKO. AND 3 OTHERS

WRIC/5093/2025 · 2025-07-30

Jaspreet Singh, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:44039-DB Court No. - 2 Case :- WRIT - C No. - 5093 of 2025 Petitioner :- Ghanshyam Dubey And Another Respondent :- State Of U.P. Thru. Secy. Revenue Lko. And 3 Others Counsel for Petitioner :- Anjani Kumar Dvivedi,Dhirendra Kumar Mishra Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Rajan Roy,J. Hon'ble Jaspreet Singh,J. 1. Heard. 2. Considering the order proposed to be passed, issuance of notice to the private opposite parties is dispensed with. 3. After hearing the learned counsel for the petitioner, learned counsel for the State and the SDM Sri Prabhat Singh, what comes out is that according to the State- Authorities in the map pertaining to Gata No. 14 situate in Village Seur Chamurkha, Tehsil-Sadar, District Sultanpur area mentioned is in excess of the area of the Gata mentioned in the Khatauni. However, it is an admitted position of the State-Authorities as informed by Sri Prabhat Singh, the SDM concerned that as of now, map correction proceedings have not been initiated. 4. It being so, there is no way that the police or the Revenue Authorities can interfere in the possession. As long as the map is what it is, unless it is corrected, they shall not interfere. 5. Of course, so far as the rights of the private opposite parties are concerned, it is contended by the petitioner firstly that their Gata is situated in a different village i.e. Kudaran Galibaha, Tehsil Jaisinghpur, District Sultanpur and not in the village of petitioner. Secondly, he has invited our attention to an order passed allegedly under Section 24 of the U.P. Revenue Code, 2006 at the behest of the opposite party no. 7, according to which the map pertaining to Gata No. 360-Ka and 360-Kha in respect to which the opposite party no. 7 etc. are recorded also requires correction. As the area shown in the map in respect of Gata No. 365 is less than the area mentioned in the Khatauni whereas the area shown in the map pertaining to Gata No. 360-Ka/360-Kha is in excess of the area shown in the map. For this also, the map correction proceedings can be initiated, if required. 6. The grievance is that the official opposite parties are interfering with the petitioner's possession as to give benefit to the private opposite parties illegally 7. We, therefore, direct the Collector, Sultanpur who is competent under Section 38 of the U.P. Revenue Code, 2006 to initiate proceedings for correction of map pertaining to the aforesaid Gatas situated in two different villages and take the same to its logical conclusion as per law. Based on result thereof, further demarcation proceedings shall be undertaken and the matter can be resolved. 8. Sri Prabhat Singh, the SDM, Jaisinghpur who has joined the proceedings informed that the land of the petitioners falls in the division of the another Sub Divisional Magistrate. Be that as it may, the concerned Sub Divisional Magistrate, Jaisinghpur and Sadar shall look into the matter and forward a proposal, if necessary, for map correction to the Collector, Sultanpur or the Collector, Sultanpur may himself call for a report and initiate proceedings for map correction, if required, in light of what has been stated hereinabove. Till such decision is taken i.e. unless the map is corrected and consequent to it demarcation takes place with Pathar Nasab exercise, the possession of the petitioner or the private parties shall not be interfered with by the police or the Revenue Authorities. It is made clear that the Collect shall first of all satisfy himself that the area of the petitioner's Gata or the private opposite parties as mentioned in the map is in excess of the area mentioned in the Khatauni and only thereafter shall proceed in the matter. 9. We, however, further clarify that so far as the police is concerned they can interfere in such a matters if there is a law and order problem, apprehension of breach of peace, apprehension of commission of any crime or it has actually been committed or there is order of any court to be complied or there are other valid grounds in any law/statue for their interference. 10. This order is without prejudice to the rights of the opposite parties to seek such other remedies as may be permissible in law. We have not at all entered into question of title and possession, if any, involved in the matter pertaining to the land in question. 11. With the aforesaid, the petition is disposed of. Order Date :- 30.7.2025 Asheesh/- (Jaspreet Singh, J) (Rajan Roy, J) Digitally signed by :- ASHEESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHEESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench