Neutral Citation No. - 2025:AHC-LKO:47739-DB Court No. - 2 Case :- WRIT - C No. - 7748 of 2025 Petitioner :- Gangasagar And 2 Others Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Lko And 6 Others Counsel for Petitioner :- Bal Krishna Shukla Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey,Harsha Yadav,Kumar Jaikrit Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. 1. Heard learned counsel for the petitioners, learned Standing Counsel for the State Respondents and Sri Dilip Kumar Pandey, learned counsel appearing for the Gram Sabha. 2. This writ petition has been filed with the following main prayers:- "(i) To issue a writ, order or direction in the nature of Mandamus commanding/directing the opposite party no.2 to 5 to reconstruct the cattle shed of the petitioners which was constructed by the petitioners before 30 years which was demolished by the opposite party no.5 on 29.07.2025. (ii) To issue a writ, order or direction in the nature of Mandamus commanding/directing the opposite party no. 2 to 5 to further not destroy or not take any coercive measures to the banana plantation which was planted by the petitioners in its own land Gata no. 378/1.278, Gata No. 403/1.9910 hectare situated in village Karehka unchgav, Pargana- Tambaur, Tehsil- Laharpur, District- Sitapur. (iii) to issue a Writ, order or direction in the nature of Mandamus commanding/directing the opposite party no.2 to 5 to give compensation to the petitioners in respect to the demolition of the cattleshed which was demolished by the opposite party no. 5 on 29.07.2025." 3. It has been submitted by learned counsel for the petitioners that the petitioners are the recorded tenure holders of Gata No. 378 admeasuring 1.278 hectare situated in village Karehka unchgav, Pargana- Tambaur, Tehsil- Laharpur, District- Sitapur, however, the respondent no.6, namely, Deenanath Yadav, Naib Tehsildar, Laharpur without giving any opportunity of hearing to the petitioners has destroyed the banana crop and cattle shed situated over the land of the petitioners. Hence this writ petition has been filed. 4. Learned Standing Counsel for the State Respondents has produced before this Court instructions sent by Tehsildar Laharpur dated 11.08.2025 wherein it has been stated that on receipt of WPIL Notice no. L20250211004 in 'Sanjay Kumar Shukla Vs. State of U.P. and Others', an inquiry was carried out at the behest of the Sub-Divisional Magistrate, Laharpur by a Revenue team which has reported that Gata No. 414 in Khata No. 332 area 0.146 hectare is recorded as chak marg, Gata no. 425 area 0.020 Hectare & Gata No.429 admeasuring 0.032 hectare in Khata No. 337 is recorded as manure pit and Gata No. 426 area 0.142 hectare in Khata No. 327 is recorded as naveen parti. The Gata No. 425 and 429, which have been recorded as manure pit in the revenue records, were found to be vacant and unoccupied. Gata No. 414 recorded as chak marg was found to have been encroached by one Sanjay Kumar Shukla by planting 13 poplar trees. On the same chak marg the petitioners had planted sugarcane and banana crops. The chak marg was cleared and its possession was handed over to the Gram Pradhan for its upkeeping. It was also found during the course of inquiry that the petitioners no. 1 and 2, who are sons of Late Shatrohan, and petitioner no.3, who is the grandson of Late Shatrohan, they are the recorded tenure holders of Gata No. 378 of 403 which is adjacent to the Gata No. 414, which is chak marg. The sugarcane and banana crops had been planted by the petitioners on their own land as well as a portion of chak marg. Only the portion of crop that covered the chak marg has been removed. 5. Some encroachment was also found by the petitioners as well as Madhavram S/o Chhanga, Raj Kishore & Shravan Kumar sons of Chotan and the petitioners no. 1 and 2 sons of Late Shatrohan and petitioner no.3 is the grandson of Late Shatrohan over naveen parti land Gata No. 426 area 0.12 hectares and proceedings for removal of encroachment on naveen parti land under Section 67 of the Revenue Code were initiated only against Vijay Shanker, who is the brother-in-law of the petitioners, who have erected permanent construction (iron gate and tin shed) over land of naveen parti encroaching by the 0.0010 hectare. Since the petitioners encroachment was temporary in nature, it has been removed. 6. The instructions are kept on record. 7. Accordingly, the writ petition is disposed of leaving it open for the petitioners to approach the appropriate Court in case any grievance regarding their possession over their land, for which they are the recorded tenure holders, are concerned. Order Date :- 14.8.2025 Darpan Sharma Digitally signed by :- DARPAN SHARMA High Court of Judicature at Allahabad, Lucknow Bench