DEEPA SINGH v. STATE OF U.P. THRU. PRIN. SECY. RURAL DEVELOPMENT LKO. AND 5 OTHERS
WRIC/5759/2025 · 2025-06-05
body2025
DailyLaw.ai
[ 2025 DAILYLAW 145148 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 145148 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:34664-DB Court No. - 2 Case :- WRIT - C No. - 5759 of 2025 Petitioner :- Deepa Singh Respondent :- State Of U.P. Thru. Prin. Secy. Rural Development Lko. And 5 Others Counsel for Petitioner :- Ashutosh Kumar Singh Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Rajan Roy,J. Hon'ble Praveen Kumar Giri,J. Heard. A dispute has arisen as to whether Chak Marg being constructed or repaired by the Gram Pradhan is on Gata No. 1050, as claimed by the latter, or on the bhumidhari land of the petitioner bearing Gata No. 1054 & 1077. The remedy is by way of a demarcation exercise for which the petitioner may initiate proceedings before the opposite party no. 4 under Section 24 of the U.P. Revenue Code, 2006 read with the corresponding Rules, whereupon, the said exercise shall be conducted and concluded at the earliest. Needless to say that the Gram Pradhan would also be given a hearing in the said proceedings. Based on the said exercise, if it is found that the chak marg, in fact, has been constructed on the bhumidhari land of the petitioner, then the Gram Pradhan will have to take measures to remove the same. However, if it is found to be otherwise, then the matter shall rest without prejudice to the right to appeal etc. of either of the parties. If an application for demarcation is not submitted by the petitioner within one week, then it shall be open for the Gram Pradhan to undertake the construction but at his own peril and subject to the aforesaid. If any such application is filed by the petitioner as per rules, then the Sub-Divisional Magistrate concerned shall conduct and conclude the proceedings within a period of two months. It shall be open for the Gaon Sabha also to get the Gata earmarked for chak marg demarcated accordingly as aforesaid. The writ petition is accordingly disposed of. Order Date :- 5.6.2025 Lokesh Kumar [Praveen Kumar Giri, J.] [Rajan Roy, J.] Digitally signed by :- LOKESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench