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2025 DAILYLAW 153052 (ALL)

VIRENDRA KUMAR AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. RVENEUE DEPTT. LKO. AND 8 OTHERS

WRIC/7027/2025 · 2025-07-30

Jaspreet Singh, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:44060-DB Court No. - 2 Case :- WRIT - C No. - 7027 of 2025 Petitioner :- Virendra Kumar And Another Respondent :- State Of U.P. Thru. Prin. Secy. Rveneue Deptt. Lko. And 8 Others Counsel for Petitioner :- Vineet Kumar Pandey,Dharmendra Singh Counsel for Respondent :- C.S.C.,Namit Sharma Hon'ble Rajan Roy,J. Hon'ble Jaspreet Singh,J. 1. Heard the learned counsel for the petitioner as well as Sri S.S. Chauhan, learned counsel for the Nagar Nigam. 2. The petitioner seeks the following reliefs:- "i. issue a writ, order or direction in the nature of Mandamus commanding the opposite parties to take appropriate action for recording the name of Ganeshpur Drain, Public Road and Electric Power House alongwith their respective area by removing the same from Usar and Banzar Land already entered as Gata No.-189, Gata No.-186 and Gata No.-248 in the revenue record of Village- Ganeshpur Rahmanpur, Pargana, Tehsil and District- Lucknow. ii. issue a writ, order or direction in the nature of mandamus commanding the opposite parties not to deprive the petitioners from their property right and also not to interfere in the peaceful possession of the petitioners over the portion of the petitioner's land bearing Gata No.- 189 measuring area 0.3790 hectare (1 Bigha 10 Biswa) situated in the Village- Ganeshpur Rahmanpur, Pargana, Tehsil and District-Lucknow. iii. issue a writ, order or direction in the nature of Mandamus commanding the opposite party no.6 to 9 not to carried out any demolition activities further over the portion of the petitioner's land bearing Gata No.- 189 सस measuring area 0.3790 hectare (1 Bigha 10 Biswa) situated in the Village-Ganeshpur Rahmanpur, Pargana, Tehsil and District- Lucknow, without following the strict compliance of the directions as issued by the Hon'ble Supreme Court vide order dated 13/11/2024 in Writ Petition (Civil) No.-295 of 2022 (In Re: Directions in the matter of demolition of structures). iv. issue a writ, order or direction in the nature of mandamus directing the opposite party no.6 to 9 to pay the compensation/ damages for their deliberate illegal activity without any authority and by violating the law in lieu of the demolition of a boundary wall situated over the portion of the petitioner's land bearing Gata No.- 189# measuring area 0.3790 hectare (1 Bigha 10 Biswa) in the aforesaid Village. " 3. The writ petition is not the remedy in such matters. The remedy lies either by way of correction of records or by way of injunction before the appropriate Court. 4. As regards the damages for the illegal demolition of the boundary wall as alleged, appropriate proceedings can be initiated before the competent court. 5. We disposed of the petition with liberty to pursue the remedy before the appropriate court. Order Date :- 30.7.2025 Asheesh/- (Jaspreet Singh, J) (Rajan Roy, J.) Digitally signed by :- ASHEESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHEESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHEESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench