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Neutral Citation No. - 2025:AHC:18825-DB Court No. - 29 Case :- WRIT - C No. - 3766 of 2025 Petitioner :- Radheyshyam Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Shriman Narayan Tiwari Counsel for Respondent :- Avinash Chandra Srivastava,C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Arun Kumar Singh Deshwal,J.
1. Petitioner alleges that his constructions existing on his own bhumidhari land has been unauthorizedly demolished by the State Authorities. It is submitted that neither the plot was demarcated on the spot, nor any exercise in that regard was undertaken.
2. Learned State Standing Counsel has invited attention of the Court to Page 34 of the writ petition, which is copy of the petitioner's representation, in which it is alleged that the respondents falsely accused the petitioner of raising wall on the land of Plot Nos. 208 & 209, which is recorded as drain and chak-road.
3. There appears to be an issue as to whether petitioner has encroached upon the chak-road or the drain. Photographs in that regard also shows that revenue authorities have gone on the spot. To what extent constructions of the petitioner's existed on the land recorded as chak-road or nali can always be examined by the concerned revenue authority, at the first instance.
4. In that view of the matter, we permit the petitioner to approach the respondent no. 3 alongwith certified copy of this
order, annexing all materials in respect of his grievance, within a period of two weeks from today. The concerned respondent would get the plots demarcated and identified on the spot and thereafter proceed to pass a fresh order, in accordance with law, within a period six weeks, thereafter.
5. It is made clear that none of the constructions of the petitioner existing on his own bhumidhari land would be demolished, except, in accordance with law.
6. With the above observations and directions, this writ petition stands disposed of.
Order Date :- 10.2.2025 Ranjeet Sahu Digitally signed by :- RANJEET SAHU High Court of Judicature at Allahabad Digitally signed by :- RANJEET SAHU High Court of Judicature at Allahabad