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2025 DAILYLAW 150995 (ALL)

GANGA CHARAN AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF REVENUE LKO. AND 5 OTHERS

WRIC/6674/2025 · 2025-07-17

Manish Kumar, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:40876-DB Court No. - 2 Case :- WRIT - C No. - 6674 of 2025 Petitioner :- Ganga Charan And 2 Others Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Revenue Lko. And 5 Others Counsel for Petitioner :- Rayees Ahmad Khan,Abhilasha Nishad Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey Hon'ble Rajan Roy,J. Hon'ble Manish Kumar,J. Heard learned counsel for the petitioners and learned Additional Chief Standing Counsel for the State. The petitioners allege unnecessary interference in their possession of Gata No. 1 situated at Village - Kthari Akbarpur, Tehsil- Bangarmau, District- Unnao. Learned Additional Chief Standing Counsel for the State, however, has instructions that a complaint was made by a private person who also claims right in respect of the same Gata i.e. the petitioner has encroached upon land in excess of his share, whereupon a demarcation exercise was conducted by the Tehsildar and the Lekhpal. The Sub-Divisional Magistrate, Pargana and Tehsil- Bangarmau, District- Unnao shall visit the spot and see what is the dispute about and if any of the Revenue Authorities are interfering unnecessary and illegally, then, he shall take necessary remedial measures, as, if there is a private dispute and no formal legal proceedings have been instituted by either of the parties, then, the only recourse is to institute such proceedings and not to take extra legal measures. Any such exercise would obviously involve the third person who has filed a complaint and he shall be heard. Let the S.D.M., Tehsil- Bangarmau, District - Unnao complete the aforesaid exercise within a period of three weeks from the date a certified copy of this order is submitted. If the petitioner is still aggrieved he can avail appropriate remedy as per law. With the aforesaid observations/directions, the writ petition is disposed of. . (Manish Kumar,J.) (Rajan Roy,J.) Order Date :- 17.7.2025/R.K.P. Digitally signed by :- RAJ KUMAR PATEL High Court of Judicature at Allahabad, Lucknow Bench