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2025 DAILYLAW 14877 (ALL)

SOMVATI v. STATE OF U.P. AND 2 OTHERS

WRIC/3966/2025 · 2025-04-07

Ashwani Kumar Mishra, Donadi Ramesh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:50299-DB Court No. - 29 Case :- WRIT - C No. - 3966 of 2025 Petitioner :- Somvati Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Surendra Nath Tripathi Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. Petitioner's grievance is that the authorities without following any procedure laid down in law have removed the standing tress on his plot. According to the respondents, the petitioner had in fact encroached upon the land earmarked in the revenue records as Chakroad and the authorities have only restored such Chakroad by removing the Eucalyptus trees planted on such land. Along with the instructions extract of the revenue records have also been shown to contend that the land on which petitioner had planted trees was in fact the land of the Chakmarg. Learned counsel for the petitioner disputes such assertion. From the materials placed on record it transpires that there is an issue with regard to identity and demarcation of petitioner's land vis a vis the land recorded in revenue records as Chakmarg. Such issues can be resolved by the competent revenue authority exercising his jurisdiction under Section 24 of the U.P. Revenue Code, 2006. In such view of the matter, we permit the petitioner to approach the authority concerned by filing appropriate application under Section 24 of the U.P. Revenue Code, 2006, which would be decided within a period of two months from the date of presentation of such application along with a copy of this order before the authority concerned. Based upon the demarcation so undertaken, if any, grievance survives the petitioner shall be at liberty to approach the District Magistrate who shall do the needful within a further period of six weeks, thereafter. Accordingly, the present writ petition is disposed of. Order Date :- 8.4.2025/A Gautam Digitally signed by :- ADITYA GAUTAM High Court of Judicature at Allahabad