VINOD KUMAR v. STATE OF U.P. THRU. PRIN. SECY. REVENUE DEPTT. LKO. AND 5 OTHERS
WRIC/7763/2025 · 2025-08-14
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 157338 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 157338 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:47833-DB Court No. - 2 Case :- WRIT - C No. - 7763 of 2025 Petitioner :- Vinod Kumar Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt. Lko. And 5 Others Counsel for Petitioner :- Meva Lal Yadav,Harshita Gupta,Saddam 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 and learned Standing Counsel who appears on behalf of respondent State. 2. This petition has been filed by the petitioner with the following prayers :-
"1. To issue a writ, order or direction in the nature of mandamus commanding the opp. party no.3 to 5 restrain for constructing a new chak marg over the gata no.6 area 0.6620 hectare, situated at Village Chuhadpur, Pargana Bidhar Tehsil, Alapur, District Ambedkar Nagar of the petitioner, in the interest of justice."
3. Learned counsel for the petitioner states that he is the recorded tenure holder of Gata No.6 area 0.6620 hectare, situated at Village Chuhadpur, Pargana Bidhar Tehsil, Alapur, District Ambedkar Nagar and the opposite party no.6 with the collusion of opposite party no.4 and 5 i.e. Tehsildar and Gram Pradhan are interfering in the possession of the petitioner, hence this petition has been filed. 4. It has also been stated that the petitioner has already filed a civil suit no.180 of 2023 (Harikesh & others Vs. Srinath and others) before the court of Civil Judge (S.D.), Ambedkar Nagar against the opposite party no.6 which is pending and there is an interim order directing the private respondents not to interfere in the peaceful possession of the petitioner over the land in question, yet the opposite party no.6 alongwith opposite party nos.4 and 5 have started constructions of the chak marg
over the petitioner's land. 5. Learned Standing Counsel has produced instructions sent by S.D.M., Alapur, Ambedkar Nagar dated 8.8.2025 states that the Gata No.44/0.044 hectares and Gata No.45/0.125 hectares in Village Chuhadpur is recorded as Nalli and Public Rasta in the revenue records. The petitioner was reported to have encroached upon nalli and rasta. A revenue team was constituted for inspection and for demarcation for Nalli and Rasta.
The revenue team had found 0.006 hectare of Gata No.44 and 0.006 hectares of Gata No.45 having been encroached upon by Chandresh and Govind son of Raja Ram, Vinod Kuamr son of Ram Kishun and Manoj Kumar son of Madan and Harikesh son of Ram Subhag. Against such illegal encroachments, proceedings have been initiated under Section 67 of the U.P. Revenue Code in Case No.T202504040407579 and the next date fixed in the matter is 18.8.2025. 6. The instructions are taken on record. 7. In view of the above, the writ petition is dismissed. Order Date :- 14.8.2025 Shukla Digitally signed by :- ASHUTOSH KUMAR SHUKLA High Court of Judicature at Allahabad, Lucknow Bench