CHUNNA AND 3 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. REVENUE LKO. AND 12 OTHERS
WRIC/6868/2025 · 2025-07-23
Manish Kumar, Rajan Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 152166 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 152166 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:42165-DB Court No. - 2 Case :- WRIT - C No. - 6868 of 2025 Petitioner :- Chunna And 3 Others Respondent :- State Of U.P. Thru. Addl. Chief Secy. Revenue Lko. And 12 Others Counsel for Petitioner :- Uma Kant Mishra,Soniya Mishra Soni Pathak,Vinay Tripathi Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Manish Kumar,J.
1. Heard.
2. It is alleged that all the petitioners while in incarceration consequent to their conviction in criminal case, their bhumidhari land and house were usurped/ encroached by private opposite party nos.5 to 13. On being asked as to whether F.I.R. has been lodged by the petitioners in this regard, the answer was that an application had been given. We further asked as to whether proceedings before the Magistrate were initiated if the F.I.R. was not being lodged, the answer was in the negative. On being asked as to how this petition under Article 226 of the Constitution of India is maintainable, the contention was that State is custodian of the land. Hence, this petition.
3. This is absolutely an ill-advised petition. If land is bhumidhari land then there is a manner of seeking redress for any dispute pertaining to such land including seeking eviction. This is prescribed in the U.P. Revenue Code, 2006. If the house has been encroached or usurped then the remedy lies elsewhere.
4. Accordingly, the petition is disposed of with liberty to the petitioners to pursue other remedies. (Manish Kumar,J.) (Rajan Roy,J.) Order Date :- 23.7.2025 Shanu/- Digitally signed by :- SHANU SUMAN High Court of Judicature at Allahabad, Lucknow Bench