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2025 DAILYLAW 144752 (ALL)

RAM ADHAR v. STATE OF U.P. THRU. PRIN. SECY. REVENUE DEPTT. GOVT. OF U.P. LKO. AND 7 OTHERS

WRIC/5925/2025 · 2025-06-18

Attau Rahman Masoodi, Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:35760-DB Court No. - 1 Case :- WRIT - C No. - 5925 of 2025 Petitioner :- Ram Adhar Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt. Govt. Of U.P. Lko. And 7 Others Counsel for Petitioner :- Arshad Siddiqui,Akshay Singh,Shafaq Fatima Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Attau Rahman Masoodi,J. Hon'ble Subhash Vidyarthi,J. 1. Heard learned counsel for the petitioner, Sri Mohan Singh, learned counsel for the opposite party No.8- Gram Sabha and learned Standing Counsel representing the State-opposite parties. 2. There appears to be a dispute regarding the demarcation of gata No.470/1 which is recorded in the name of the petitioner to the extent of 0.1440 hectares under the "Jal Jeevan Mission", a water tank is proposed to be constructed in the gram panchayat for which the gram sabha land has been proposed on the basis of a resolution passed by the gram panchayat upon which the construction is going on. 3. Learned counsel for the petitioner has argued that the ongoing construction, as a matter of fact, is being carried out upon the land belonging to him whereas such an averment made in the writ petition has been vehementally disputed by the learned counsel for the gram sabha stating that the water tank under construction is situated upon the gram sabha land i.e. 470/3. There appears to be a boundary dispute between gata nos.470/1 and 470/3. 4. The petitioner for the purposes of demarcation of his land holding has a remedy of demarcation under Section 24 of U.P. Revenue Code, 2006 but such a remedy cannot be invoked at this stage for the reason that the consolidation proceedings are going on. 5. It is thus open to the petitioner to make an appropriate application before the Consolidation Officer for carrying out the demarcation of gata no.470/1 to the extent it is recorded in the name of the petitioner so that the dispute between the gram sabha and the petitioner as regards demarcation of land is set at rest and the ongoing project of construction of water tank is not hindered on account of such a dispute between the parties. 6. In case, the petitioner makes an application before the Consolidation Officer with regard to demarcation of gata No.470/1 within a period of ten days from today, the same shall be decided expeditiously and preferably within a period of one month from the date of production of a copy of this order after affording due opportunity to both the parties. 7. The writ petition is disposed of accordingly. (Subhash Vidyarthi, J.) (Attau Rahman Masoodi, J.) Order Date :- 18.6.2025 Shubhankar Digitally signed by :- SHUBHANKAR THAKUR High Court of Judicature at Allahabad, Lucknow Bench