RISHI PRATAP SINGH v. STATE OF U.P. THRU. PRIN. SECY. REVENUE LKO. AND 3 OTHERS
WRIC/6274/2025 · 2025-07-09
Om Prakash Shukla, Rajan Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 148928 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 148928 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:38900-DB Court No. - 2 Case :- WRIT - C No. - 6274 of 2025 Petitioner :- Rishi Pratap Singh Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Lko. And 3 Others Counsel for Petitioner :- Avnish Kumar Tiwari Counsel for Respondent :- C.S.C.,Puspendra Kumar Singh Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. Heard. Contention of the petitioner's counsel is that initially a structure was constructed by him, which was substantially on Gata No.2006, which is bhumidhari land of the petitioner but there was a slight encroachment on Gata No.663, which is recorded as rasta. The encroachment was only to the extent of 20 x 20 feet. The said encroachment was demolished. As on account of the said demolition a portion of the house was destroyed and it was open to the sky, therefore, the petitioner sought permission from the Tehsildar to construct the existing structure so far as it existed on the petitioner's bhumidhari land so that it may not remain open to the sky. This permission was granted by the Tehsildar on 30.10.2021, however, learned Standing Counsel says that the document dated 30.10.2021 is not any decision or approval or permission but merely a report on the I.G.R.S. Portal. We fail to understand under which provision the petitioner is required to seek permission from Tehsildar or any other revenue authorities if he wants to undertake construction on his own bhumidhari land. Let the Sub Divisional Magistrate concerned get an on the spot inspection conducted to ascertain as to whether after demolition, the structure which exists, is on the petitioner's bhumidhari land and whether the further construction proposed by the petitioner is on the existing structure without in any manner encroaching on any other land, if so, then he shall ensure that no hindrance is created in the construction of the petitioner by the official opposite parties, unless ofcourse any private person is claiming his rights and
there is any order of any Court. Let this exercise be completed by the Sub Divisional Magistrate within three weeks. Writ Petition stands disposed of. (Om Prakash Shukla,J.) (Rajan Roy,J.) Order Date :- 9.7.2025 Saurabh Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench