RADHEY SHYAM v. STATE OF U.P. THRU. ITS ADDL. CHIEF SECY. DEPTT. OF REVENUE LKO. AND 4 OTHERS
WRIC/6842/2025 · 2025-07-28
Manish Kumar, Rajan Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 152519 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 152519 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:43164-DB Court No. - 2 Case :- WRIT - C No. - 6842 of 2025 Petitioner :- Radhey Shyam Respondent :- State Of U.P. Thru. Its Addl. Chief Secy. Deptt. Of Revenue Lko. And 4 Others Counsel for Petitioner :- Ashutosh Misra,Yudhisthir Lal Misra Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Manish Kumar,J. Heard Shri Ashutosh Misra, learned counsel for the petitioner and Shri Manish Mishra, learned Additional Chief Standing Counsel for the State. The claim of the petitioner is that demarcation order has already been passed under Section 24 of the U.P. Revenue code, 2006 but the same is not being carried out. Learned Additional Chief Standing Counsel says that when the order was to be implemented it was found that on some portion of the holding of the petitioner there is a house constructed by a private opposite parties and the proceedings under Section 24 are not such where demolition of such house can be undertaken in compliance of the order of demarcation. The remedy, if at all, would be under Section 134 of the U.P. Revenue Code, 2006. He says that 'pathar nasab' has been done and it is in that process it has been found that on an area of 6x80 'kadies' a house of the opposite party no. 5 is built thereon. The petitioner will have to initiate proceedings for demolition of the said house and regaining possession or eviction of the alleged encroacher, if it is so. The writ petition is disposed of with liberty to the petitioner to pursue other remedies prescribed in law. . (Manish Kumar,J.) (Rajan Roy,J.) Order Date :- 28.7.2025 R.K.P. Digitally signed by :- RAJ KUMAR PATEL High Court of Judicature at Allahabad, Lucknow Bench