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2025 DAILYLAW 157073 (ALL)

MOHAMMAD JUNAID v. STATE OF U.P. THRU. PRIN. SECY./ ADDL. CHIEF SECY. REVENUE DEPTT. LKO. AND 8 OTHERS

WRIC/7746/2025 · 2025-08-14

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:47677-DB Court No. - 2 Case :- WRIT - C No. - 7746 of 2025 Petitioner :- Mohammad Junaid Respondent :- State Of U.P. Thru. Prin. Secy./ Addl. Chief Secy. Revenue Deptt. Lko. And 8 Others Counsel for Petitioner :- Mohiuddin Khan 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 Goan Sabha. 2. This writ petition has been filed with the following main prayers:- "(i) Issue a writ, order or direction in the nature of mandamus thereby commanding and directing the opposite parties no. 1 to 6 to take coercive action against the erring revenue authorities and opp. parties no. 8 and 9 who had illegally occupied/encroached the land of the petitioner despite the order dated 08.11.2013 passed by the opposite party no. 4 as contained in Annexure no.8 to this writ petition and punish them in accordance with law. (ii) Issue a writ, order or direction in the nature of Mandamus commanding and directing the opposite parties no. 1 to 6 to forthwith demolish the boundary wall raised by the opposite party no.9 in violation of the order dated 08.11.2013 passed by opposite party no.4 and order dated 06.12.2014 passed by ADM(G) as contained in Annexure nos. 8 and 9 respectively to this writ petition. (iii) Issue a writ, order or direction in the nature of mandamus thereby commanding the directing the opposite party no.3 to restore the possession of the petitioner over the land purchased by hi through registered Sale Deed dated 06.09.2012 by taking action under section 24(2)(b) & (c) of U.P. Revenue Code, 2006 within such time bound period as may deemed fit and fixed by this Hon'ble Court. (iv) Issue a writ, order or direction in the nature of mandamus thereby commanding and directing the opp. parties no.1 to 4 to pay adequate compensation to the petitioner towards the losses suffered by her due to non-compliance of the order dated 08.11.2013 passed by opp. party no.4 & order dated 06.12.2014 passed by ADM (G) as contained in Annexure nos. 8 and 9 respectively to this writ petition." 3. In view of the orders proposed to be passed, issuance of notice to the private respondents no. 8 and 9 is dispensed with. 4. It has been submitted by learned counsel for the petitioner that the private respondents no. 8 and 9 have encroached upon not only land belonging to the Gram Sabha, but also land belonging to the petitioner. Proceedings under Section 67 of the U.P. Revenue Code have been taken against the respondents no. 8 and 9 with respect to land recorded as banjar in favour of the Gram Sabha, but the respondents no. 8 and 9 have also encroached upon land which have been bought by the petitioner by a registered sale deed. 5. It has not been disputed that earlier one of the purchasers of land of the same Gata one Nazma Khatoon has approached this Court in Writ-C No. 7118 of 2025, which has been disposed of by this Court on 01.08.2025. The relevant portion of the order of this Court is being quoted hereinbelow:- "The grievance of the petitioner is essentially against the opposite parties no. 8 and 9 who are private parties and alleged to have encroached the petitioner's land. Reliance has been placed on Annexure No. 10. We are not aware of any law under which official opposite parties could interfere in the matter unless there were legal proceedings drawn under some statute or there was an F.I.R. lodged, but, even then, the Revenue Authorities will not step in if there is an F.I.R. The petitioner should avail the remedies prescribed in law. At this stage, Ms. Akansha Dubey, learned Additional Chief Standing Counsel informed that the Court that some proceedings under Section 67 of the U.P. Revenue Code, 2006 had been initiated against which appeal has been filed. We express no opinion in this regard." 6. Since the land of the Gram Sabha has been demarcated and Section 67 proceedings have been taken against the Respondents No. 8 and 9 and against such orders passed under Section 67 the respondents no. 8 and 9 have approached the Additional District Magistrate (Finance & Revenue), Sultanpur in Appeal where the next date fixed is 21.08.2025, according to the case status produced by the learned Standing Counsel, we deem it appropriate to dispose of this writ petition with a direction to the respondents to protect the property of the Gram Sabha and not permit any encroachment by any person on Gram Sabha land which is public land meant for public purposes. In case, the petitioner is aggrieved by any action of the opposite parties no. 8 & 9 on land belonging to him, which has already been demarcated in the on the spot inspection report, copy of which has been filed as annexure to the writ petition, it shall be open for the petitioner to approach the Revenue Court. 7. Accordingly, the writ petition is disposed of with aforesaid observations. Order Date :- 14.8.2025 Darpan Sharma Digitally signed by :- DARPAN SHARMA High Court of Judicature at Allahabad, Lucknow Bench