SHER ALI v. DISTRICT MAGISTRATE, PRATAPGARH AND 7 OTHERS
WRIC/5106/2025 · 2025-06-03
body2025
DailyLaw.ai
[ 2025 DAILYLAW 141768 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 141768 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:34321-DB Court No. - 2 Case :- WRIT - C No. - 5106 of 2025 Petitioner :- Sher Ali Respondent :- District Magistrate, Pratapgarh And 7 Others Counsel for Petitioner :- Amar Nath Dubey Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Praveen Kumar Giri,J.
1. Heard.
2. Petitioner's case is that demarcation of Gata No. 688 took place in pursuance to the order dated 12.7.2022 and Pathar Naksa exercise also took place. Again, on 11.10.2023, the demarcation and Pathar Naksha exercise took place in respect to the said Gata, but the private opposite parties destroyed the boundary marks which led to the filing of an F.I.R. which is pending investigation, in which it is said that the charge-sheet has been filed.
3. Now the writ petitioner has come for restoration of the possession. If the petitioner submits an application to the SDM, he shall get the facts verified and if he finds that the private opposite parties have again encroached upon the bhumidhari land of the petitioner, which was the subject matter of demarcation exercise earlier and if he finds that the said demarcation has become final, then he shall, as far as it may be permissible to him, resolve the matter as per law.
4. The petitioner, if he is still aggrieved, will have to avail other remedies as may be available under U.P. Revenue Code, 2006 or any other statute.
5. This exercise, in so far as the SDM is concerned, will be undertaken only after hearing the opposite party no. 4 to 7.
6. This writ petition is disposed of. Order Date :- 3.6.2025 DKS (Praveen Kumar Giri,J.) (Rajan Roy,J.) Digitally signed by :- DEEPAK KUMAR SRIVASTWA High Court of Judicature at Allahabad, Lucknow Bench