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2025 DAILYLAW 14678 (ALL)

JAWAHAR SINGH v. THE STATE OF U.P. AND 8 OTHERS

WRIC/3309/2025 · 2025-04-16

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:56856 Court No. - 35 Case :- WRIT - C No. - 3309 of 2025 Petitioner :- Jawahar Singh Respondent :- The State Of U.P. And 8 Others Counsel for Petitioner :- Devesh Pandey,J.P. Pandey Counsel for Respondent :- C.S.C.,Gyanendra Prakash Srivastava,Krishna Kant Singh Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the petitioner, learned Standing Counsel for the State and perused the record. 2. The instant writ petition has been filed for the following relief: "(1) Issue a writ, order or direction in the nature of Mandamus commanding the respondent No. 3 i.e. Sub- Divisional Officer, Iglas, Aligarh, to remove the illegal encroachment and put the petitioner in possession and for that purpose pass an order strictly in adherence to Section 24(2) (b) of U.P. Revenue Code, 2006 in respect of petitioner's plot no. 235 situated at Village Nawanagar, Tehsil Iglas, District Aligarh and set aside the report dated 31.12.2021 submitted by Revenue Inspector and direct the Sub- Divisional Magistrate to call for fresh report and pass fresh order accordingly within fixed time frame; otherwise petitioner shall suffer irreparable loss and injury." 3. Contention of the learned counsel for the petitioner is that an order under Section 24 of the U.P. Revenue Code, 2006 has been passed on 31.01.2020 for demarcation of the land but the same has not been given effect to. 4. Learned Standing Counsel has submitted that no useful purpose would be served in keeping this petition pending and it would be appropriate that respondent no. 3 be directed to get the land demarcated. 5. Accordingly, the writ petition is disposed of with liberty to the petitioner to move appropriate application before respondent no. 3 along with certified copy of this order. 6. In case, such an application is moved by the petitioner, the respondent no. 3 is directed to get the land of the petitioner demarcated and get the boundary marks installed in pursuance of its own order 31.01.2020, provided there is no other legal impediment. Order Date :- 17.4.2025 S. Singh (Manish Kumar Nigam, J.) Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad