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2025 DAILYLAW 154826 (ALL)

HARI RAM VERMA ALIAS HARI RAM v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF REVENUE LKO. AND 5 OTHERS

/7298/2025 · 2025-08-05

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Neutral Citation No. - 2025:AHC-LKO:45251-DB Court No. - 2 Case :- WRIT - C No. - 7298 of 2025 Petitioner :- Hari Ram Verma Alias Hari Ram Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Revenue Lko. And 5 Others Counsel for Petitioner :- Bhimbahadur Singh,Satyendra Kumar Tiwari Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. 1. Heard learned counsel for the petitioner, learned Standing Counsel for the State Respondents and Sri Mohan Singh, learned counsel appearing for the Gaon Sabha. 2. This writ petition has been filed with the following main prayers:- "A. a writ, an order or direction in the nature of mandamus commanding/directing the Opposite parties to remove the Chakmarg over Gata No.18 Ka/area 0.214 hectare, which is recorded to the name of the petitioner as Bhumidhari land in the revenue record in the interest of justice. B. a writ, an order direction in the nature of mandamus commanding/directing the Opposite party no.02 to 04 to take decision upon pending representation before them." 3. It has been submitted by learned counsel for the petitioner that the petitioner is the recorded tenure holder of Gata No. 18 Ka/0.214 hectare situated at Dullapur, Chandauli, Surapur, District-Ambedkar Nagar on which the Gram Pradhan has illegally constructed a chakmarg just to benefit his supporter, namely, Dayaram S/o Ram Kishor, who is recorded tenure holder of Gata No. 22. The petitioner approached the District Magistrate through Jan Sunwai Portal and also submitted the complaint to the Sub-Divisional Magistrate, Tanda. The Block Development Officer was also approached by the petitioner several times, but no heed has been paid. Hence this petition has been filed. 4. Learned Standing Counsel for the State Respondents has produced instructions signed by the Area Lekhpal- Behrojpur, Revenue Inspector- Saddarpur, Naib Tehsildar- Tanda and Tehsildar- Ambedkar Nagar wherein it has been stated that after the representation/complaint of the petitioner was received an on the spot inspection was carried out and records were also inspected of the village concerned and it was found that the petitioner is the recorded tenure holder of Gata No. 18Ka. Gata No. 18 Kha belongs to his co-tenure holder. Gata No.40 Minjumla/0.2020 hectare belongs to Sant Ram S/o Tulsi. Gata No. 18Kha/0.1380 belongs to the co-tenure holder of the petitioner needed a link to the chakmarg and he sent several representations. On the representations of Daya Ram S/o Tulsi (ex-Army Personnel) and on oral consent being given by neighboring tenure holders of neighboring gatas, a path way was constructed which path way is situated on Gata No.40 Minjumla/0.2020 hectare which belongs to Sant Ram S/o Tulsi. Only its re- soiling has been done by the Gram Pradhan on oral consent being given by a tenure holder concerned. 5. The written instructions are kept on record. 6. The writ petition is disposed of with a direction to the petitioner to move an appropriate demarcation application in the prescribed format after payment of fee as under the prescribed Rules within a period of two weeks from today. If such application is made within time prescribed, the same shall be decided in accordance with law within a period of eight weeks thereafter. Order Date :- 5.8.2025 Darpan Sharma Digitally signed by :- DARPAN SHARMA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- DARPAN SHARMA High Court of Judicature at Allahabad, Lucknow Bench