PRATEEK ROY GHATAK AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOUSING AND URBAN PLANNING LKO. AND 4 OTHERS
/7182/2025 · 2025-08-06
Manish Kumar, Rajan Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 153974 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 153974 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:45694-DB Court No. - 1 Case :- WRIT - C No. - 7182 of 2025 Petitioner :- Prateek Roy Ghatak And 2 Others Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Housing And Urban Planning Lko. And 4 Others Counsel for Petitioner :- Aditya Kumar Tiwari,Anoop Kumar Counsel for Respondent :- C.S.C.,Namit Sharma,Rajesh Kumar Singh Hon'ble Rajan Roy,J. Hon'ble Manish Kumar,J.
1. Heard. 2. The Nagar Nigam, Lucknow has given a notice to the petitioner alleging encroachment by them on Nagar Nigam land bearing Khasra No.617, however, the contention of learned counsel for the petitioners is that the petitioners were not aware of the basis on which the said notice has been issued. On being confronted, learned counsel for Nagar Nigam, Shri Rajesh Kumar Singh states that demarcation exercise was undertaken jointly by the officials of the Nagar Nigam and the revenue officials, based on which the notice has been issued, even though the notice does not mention it in so many words nor is the report of such exercise annexed with the notice. 3. We are of the opinion that if any such exercise was to be undertaken, it should have been undertaken in terms of the provisions or principles contained in Section 24 of the U.P. Revenue Code, 2006 and the procedure prescribed for the said purpose in Rule 22 of the U.P. Revenue Code Rules, 2016 made there-under and not otherwise, unilaterally. It is the least that the principles of natural justice required, atleast in the facts of this case. 4. We, accordingly, direct the Nagar Nigam, Lucknow to initiate proceedings for demarcation of its own Khasra under Section 24 of the U.P. Revenue Code, 2006. The Sub Divisional Magistrate concerned shall undertake such exercise on an application to be submitted by Nagar Nigam, Lucknow as per Rules and complete it at the earliest. Based on result thereof further action can be taken by the Nagar Nigam, Lucknow or by the petitioner, as the case may be. The petitioners shall co- operate in the demarcation exercise. 5. In view of the above, as the aforesaid procedure has not been followed, we quash the impugned notice dated 04.03.2025, however, with liberty aforesaid, if the occasion so arises. 6. The writ petition is, accordingly, disposed of.
(Manish Kumar, J.) (Rajan Roy, J.) Order Date :- 6.8.2025 Arnima Digitally signed by :- ARNIMA SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ARNIMA SINGH High Court of Judicature at Allahabad, Lucknow Bench