CHHOTE LAL v. STATE OF U.P. THRU. ITS ADDL. CHIEF SECY. DEPTT. OF REVENUE LKO. AND 3 OTHERS
WRIC/7821/2025 · 2025-08-21
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 157610 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 157610 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:49051-DB Court No. - 2 Case :- WRIT - C No. - 7821 of 2025 Petitioner :- Chhote Lal Respondent :- State Of U.P. Thru. Its Addl. Chief Secy. Deptt. Of Revenue Lko. And 3 Others Counsel for Petitioner :- Vijay Bahadur Yadav,Ankit ,Manoj Kumar 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 for the State Respondent nos. 1 to 3 and Shri Mohan Singh, learned counsel for the respondent no.4. 2. This petition has been filed with the following main prayer:-
"Issue a writ order or direction in the nature of Mandamus commanding the opposite parties particularly opposite party nos. 2 and 3 to stop the illegal interference of opposite party no.4 in the ancestral agricultural land of petitioner bearing land gata no.275 area 0.4540 hectare situated at village Amrethu Dadiya, Tehsil Kadipur, District Sultanpur ( contained as Annexure nos. 1 and 2) in the interest of justice."
3. It has been submitted by learned counsel for the petitioner that land of Gata No.275 area 0.4540 hectare situated in Village Amrethu Dadiya, Tehsil Kadipur, District Sultanpur belongs to the petitioner and he is the recorded tenure holder. The village panchayat has started constructions of passage within the petitioner's land without due acquisition, hence the present petition has been filed. 4. Learned Standing Counsel has produced before this Court instructions sent by Sub Divisional Magistrate, Kadipur, District Sultanpur dated 13.08.2025 wherein it has been stated that Gata No.277 ad-measuring 0.009 hectare was recorded as chak marg in the revenue record and is situated adjacent to the petitioner's land Gata no.275. 5. The spot inspection was carried out by the Area Lekhpal on 13.08.2025 when the petitioner had been asked not to sow his paddy crop over chak marg. Insofar as the petitioner's Bhumidhari Gata No.275 is concerned, there is no encroachment thereon by any person and it is lying vacant. The spot memo prepared has also been annexed, it has signatures of the petitioner on it. 6.
We have gone through the supplementary affidavit filed by the petitioner also and from the same, it is evident that an application under Section 32/38 of U.P. Revenue Code, 2006 has been made by the petitioner through his Advocate in the office of Sub-Divisional Magistrate,
Kadipur, District Sultanpur on 06.08.2025, which is with regard to correction on record. The petitioner is claiming that Gata No.275 has been wrongly shown as ad- measuring only 0.454 hectare, actually it should be 2 bighas 11 biswas and 14 dhur. On the said application, the Area Lekhpal has submitted a report on 01.07.2025 saying that the Gram Panchayat has been asked not to construct chak marg over petitioner's land till an appropriate order is passed on his application. 7. Let the correction application of the petitioner be decided in accordance with law. 8. The writ petition stands disposed of. Order Date :- 21.8.2025 Pks Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench