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2025 DAILYLAW 149275 (ALL)

SMT. SEEMA DWIVEDI AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF REVENUE LKO. AND 6 OTHERS

WRIC/6323/2025 · 2025-07-04

Om Prakash Shukla, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:37857-DB Court No. - 2 Case :- WRIT - C No. - 6323 of 2025 Petitioner :- Smt. Seema Dwivedi And 3 Others Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Revenue Lko. And 6 Others Counsel for Petitioner :- Pramod Shukla,Suresh Chandra Srivastava Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. None is present for the petitioner. The petitioners have filed this writ petition with the following prayer: "(i) Issue a writ, order or direction in the nature of MANDMUS commanding and directing the opposite party no. 3 to 5 and 7 not to measurement of chakmarg bearing Gata No. 572 by which illegally encroachment of petitioners land bearing Gata No. 571 towards 12 meter of eastern side consist of area 0.102 hectare situated at Village- Sherpur, Pargana- Mawai, Tehsil-Rudauli, District- Ayodhya. (ii) Issue a writ, order or direction in the nature of commanding and directing the opposite party no. 2 to constitute the district level committee along with videography in regard to measurement of chakmarg bearing Gata No. 572, after considering the grievance of the petitioners in regard to encroachment of petitioners land bearing Gata No. 571area 0.102 hectare situated at Village Sherpur Pargana Mawai, Tehsil-Rudauli, District- Ayodhya. (iv) Issue a writ, order or direction in the nature of MANDMUS commanding and directing the opposite party no. 2 to restore the land of the petitioners in its previous position in pursuance of order dated 04.12.2017 passed by the Upziladhikari, Rudauli District- Faizabad/ Ayodhya bearing case no. 174/38 of 2017 by which boundary dispute has already been decided by the Upziladhikari, Rudauli, District- Faizabad / Ayodhya and direct the opposite party no. 1 and 2 to decide the application dated 21.6.2025 contained in Annexure No. 8 to this writ petition in the interest of justice." Learned Standing Counsel says that the chak-marg has been earmarked/demarcated as per law in presence of husband of one of the petitioners. Be that as it may, the petitioners can initiate proceedings for demarcation of their own Gata as per Section 24 of the U.P. Revenue Code 2006, unless it has already been. If it has already been done, then demarcation can be conducted by the S.D.M. as per law, but with expedition. Consequences shall follow as per law. If still aggrieved, the petitioners can avail appropriate remedy. With these observations/directions this writ petition is disposed of. (Om Prakash Shukla, J.) (Rajan Roy, J.) Order Date :- 4.7.2025 A.Nigam Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench