Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 148744 (ALL)

Ganga Prasad AND Others v. State of U.P. THRU. SECY., REVENUE AND Others

WRIC/6182/2025 · 2025-07-02

Alok Mathur

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:37220 Court No. - 6 Case :- WRIT - C No. - 6182 of 2025 Petitioner :- Ganga Prasad And Others Respondent :- State Of U.P. Thru. Secy., Revenue And Others Counsel for Petitioner :- Satish Kumar Misra Counsel for Respondent :- C.S.C.,Pankaj Gupta Hon'ble Alok Mathur,J. 1. Heard Sri Gyanendra Kumar Mishra, along with Sri Satish Kumar Mishra, learned counsel for petitioners, learned Standing Counsel for the State and Sri Pankaj Gupta, learned counsel for respondent no.5. 2. It has been submitted by learned counsel for petitioners that the petitioners are the bhumidhar of plot no.75, area 1.282 hectares, situated at village Amrai, Pargana Patti, Tehsil Raniganj District Pratapgarh and it is alleged that on the said land, the gaon sabha is proceeding to construct a cremation ground. He has further stated that the petitioners have already moved an application under section 30 of U.P. Revenue Code for correction of map, consequent to which, he has prayed that proceedings under Section 34 of U.P. Revenue Code ought to be conducted for demarcation of said land and till the aforesaid proceedings are concluded, the respondents should be restrained from making the cremation ground. 3. Learned counsel for the respondents has opposed the aforesaid prayer. 4. After considering the aforesaid submissions, it seems that the plot of the petitioners is not correctly depicted on the map and it may be due to aforesaid error, the construction of the cremation ground may be continued on the land which is claimed by the petitioners but in this regard application of the petitioners under Section 30 of U.P. Revenue Code is pending and till such time as the application is considered and decided, it cannot be categorically held that the respondents are proceedings to construct the cremation ground on the land belonging to the petitioners. 5. Accordingly, after arguing the matter to some length, learned counsel for the petitioners confines his prayer to prayer no. B for a direction to the respondents to conclude the proceedings under Section 30 and 24 of U.P. Revenue Code with expedition. 6. With regard to aforesaid prayer, learned counsel for respondents have no objection. 7. Accordingly, in case the petitioners are already instituted proceedings under Section 30 of U.P. Revenue Code before the competent authority, the same shall be considered and decided with expedition. Learned counsel for the parties before this Court have undertaken to cooperate in the proceedings before the competent authority. Needless to say, once the proceedings under Section 30 are concluded, the respondents would get the land demarcated and put the petitioners in possession of land on which they are entitled to as per the order passed under section 30 of U.P. Land Revenue Code. 8. The petition is disposed of in the aforesaid terms. . (Alok Mathur,J) Order Date :- 2.7.2025 Renu/- Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench