BIDESHARI AND 4 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF PANCHAYAT RAJ U.P. LKO. AND 6 OTHERS
WRIC/5693/2025 · 2025-07-15
Alok Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 144746 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 144746 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:40541 Court No. - 6 Case :- WRIT - C No. - 5693 of 2025 Petitioner :- Bideshari And 4 Others Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Panchayat Raj U.P. Lko. And 6 Others Counsel for Petitioner :- Ashish Kumar Singh,Shakeel Qureshi Counsel for Respondent :- C.S.C.,Pankaj Gupta Hon'ble Alok Mathur,J.
1. Heard Sri Ashish Kumar Singh, learned counsel for the petitioners as well as learned Standing Counsel for the respondents. Supplementary affidavit filed by the petitioners is taken on record. 2. It has been submitted by learned counsel for the petitioners that petitioners are poor and land less villagers belonging to Scheduled Caste category, and despite repeated applications having been given to the State authorities, no agricultural land has been allotted to them to conduct agricultural activities. 3. It has been stated that when ever petitioners have made applications to the State Authorities they have been informed that there is no suitable Gaon Sabha land which can be allotted in their favour. It is in this regard it has been submitted that the land of Gaon Sabha has been encroached by certain high and mighty persons and no action has been taken by the State to vacate the said encroachers and same may be allotted to the petitioners. 4. In the supplementary affidavit, filed by the petitioners it has been stated that the land situated at Gata Nos. 100, 66 and 67, situated in Village - Basngaon, Tehsil - Kaiserganj, District - Bahraich, which is under illegal encroachment by the private respondents, against whom no action has been taken by the State under Section 67 of the U.P. Revenue Code, 2006 to vacate the illegal encroachment. 5. In the aforesaid circumstances, it is prayed that suitable directions may be issued to the State respondents to proceed in accordance with law and to vacate the illegal encroachment from the Gaon Sabha land. 6. Learned Standing Counsel does not oppose the prayer made
by the petitioners. 7. Accordingly, present writ petition is disposed of with liberty to the petitioners to move appropriate application under Section 67 of the U.P. Revenue Code, 2006 before respondent no.
5 - Tehsildar, Tehsil - Kaiserganj, District - Bahraich, who on receipt of such application shall proceed in accordance with law and in case certain persons are found to be illegally encroaching upon the Gaon Sabha land, suitable orders under Section 67 of the U.P. Revenue Code, 2006 shall be passed, expeditiously. 8. It is further provided that in case eviction order are passed against illegal encroachers, the State respondents may consider the application of the petitioners alongwith application of other eligible and suitable persons for grant of patta, in accordance with law. 9. With above directions, present writ petition stands disposed of. Order Date :- 15.7.2025 A. Verma (Alok Mathur, J.) Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench