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2025 DAILYLAW 151927 (ALL)

MOHD.JUNAID v. STATE OF U.P. THRU. ITS PRIN. SECY. DEPTT. OF URBAN DEVELOPMENT LKO. AND 3 OTHERS

WRIC/6797/2025 · 2025-07-22

Manish Kumar, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:42568-DB Court No. - 2 Case :- WRIT - C No. - 6797 of 2025 Petitioner :- Mohd.Junaid Respondent :- State Of U.P. Thru. Its Prin. Secy. Deptt. Of Urban Development Lko. And 3 Others Counsel for Petitioner :- Prashant Kumar Mishra Counsel for Respondent :- C.S.C.,Ram Kumar Singh Hon'ble Rajan Roy,J. Hon'ble Manish Kumar,J. Heard Shri Prashant Kumar Mishra, learned Counsel for the petitioner, Ms. Pallavi Singh, Advocate holding brief for Shri Ram Kumar Singh, learned Counsel for the Nagar Panchayat and learned Standing Counsel for the State. The petitioner claims rights in Gata no. 840 and not Gata no's. 836 & 839 regarding which notice has been issued to him. The contention is that without undertaking any demarcation exercise to ascertain the boundaries of Gata no's. 836 & 839, his construction existing on Gata no. 840 is being asked to be removed. We asked the Counsel for the Nagar Panchayat, Fatehpur, Barabanki as to whether any demarcation has taken place? He submitted that it will take place now, if a fresh reply is submitted by the petitioner to the impugned notice. Let a response be submitted by the petitioner within a period of 10 days, and thereafter, the Nagar Panchayat shall satisfy itself based on a demarcation exercise that the alleged encroachment by the petitioner is on Gata no's. 836 and 839 and the constructions are not on his own land i.e. Gata no. 840, and only thereafter, they shall proceed to take any further action. If a reply is not submitted by the petitioner within the aforesaid period, then it shall be open for the opposite parties to get a demarcation exercise conducted and proceed to take such action, as may be permissible in law. The writ petition is disposed of in the aforesaid terms. Order Date :- 22.7.2025/Lokesh Kumar [Manish Kumar, J.] [Rajan Roy, J.] Digitally signed by :- LOKESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench