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2025 DAILYLAW 157874 (ALL)

VIJENDRA PRATAP SINGH v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF URBAN DEVELOPMENT LKO. AND 3 OTHERS

WRIC/7833/2025 · 2025-08-21

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:49107-DB Court No. - 2 Case :- WRIT - C No. - 7833 of 2025 Petitioner :- Vijendra Pratap Singh Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Urban Development Lko. And 3 Others Counsel for Petitioner :- Anuj Kumar Singh Counsel for Respondent :- C.S.C.,Sharad Tewari Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. 1. Heard learned counsel for the petitioner, learned Additional Chief Standing Counsel, who appears for the State-respondents, Shri Abhinit Jaiswaal, Advocate, who has put in appearance on behalf of opposite party no.2 by filing his 'vakalatnama', which is taken on record. 2. This writ petition has been filed by petitioner with following main prayers: "a) Issue a writ, order or direction in the nature of Mandamus directing/commanding the Opposite Party No. 2 to remove the illegal and unauthorized possession over the land of petitioner bearing Gata No. 1301 situated at Village Mahmoodpur Semri, Pargana Baraunsa, Tahsil Jaisinghpur, District - Sultanpur,." b) Issue a writ, order or direction in the nature of Mandamus directing/commanding the opposite parties to consider/decide the representation of the petitioner, within stipulated period, which is moved through registered post on 03.02.2025 before the Opposite Party No.2 to 4 which is contained as Annexure No.2 to this writ petition.” 3. It is the case of the petitioner that he is the recorded tenure holder of Gata No.1301 admeasuring 1.2420 hectare situated at Village Mahmoodpur Semri, Pargana Baraunsa, Tahsil Jaisinghpur, District - Sultanpur. Some part of the land was sold by the petitioner through a sale deed for construction of expressway to the Uttar Pradesh Expressways Industrial Development Authority (U.P.E.I.D.A.) as is evident from the extract of khatauni for the Fasli Year 1425-1430 (01 July, 2017 to 30 June, 2023). The note mentioned under the table of said khatauni says that by an order of the Naib Tehsildar, Baraunsa passed in Case No.T201804680705055 dated 22.02.2019, from Gata No.1301/1.2420 hectare, area admeasuring 0.6040 hectare was recorded in the name of the U.P.E.I.D.A. and the sale consideration of Rs.99,05,600/- was received by the petitioner from the U.P.E.I.D.A. 4. It has been submitted by learned counsel for the petitioner that after this sale was recorded, the area that was sold by the petitioner to the U.P.E.I.D.A., was earmarked and was handed over to the U.P.E.I.D.A., but the employees of the U.P.E.I.D.A. have encroached upon the land of the petitioner by more than ten feet and have erected their boundary pillars for which the petitioner has been representing to the authorities since 2019. 5. Shri Abhinit Jaiswaal, learned counsel appearing for the U.P.E.I.D.A. has placed before this Court the report of area Lekhpal, which has also been signed by the Station House Officer, Junior Engineer and Assistant Engineer of the U.P.E.I.D.A., wherein it has been stated that Gata No.1301 minjumla admeasuring 0.6380 hectare is recorded in the name the petitioner - Vijendra Pratap Singh. The total area of Gata in the khatauni/record of rights is 1.2420 hectare. The area, however, found on measurement was only 1.2240 hectare on the ground. The area in possession of the U.P.E.I.D.A. was earmarked and also measured on the ground and it was found that it is only 0.6040 hectare, whereas the area in possession of the petitioner - Vijendra Pratap Singh was found to be 0.6200 hectare. There was a short fall of 0.0180 hectare on the ground i.e. in the map as against the record of rights/khatauni. The petitioner was advised to take appropriate action for correction of map. Instructions are taken on record. 6. Learned counsel for the petitioner says that the petitioner was not present when such spot inspection was carried out on 12.08.2025. 7. We have perused the spot memo prepared on 12.08.2025, which has signatures of employees of the Revenue Department and also of the U.P.E.I.D.A., which shows that the petitioner was informed on phone to remain present, but he did not appear during the course of spot inspection being carried out. 8. This writ petition is disposed of with a direction to the petitioner to move appropriate application for correction of map before the revenue authorities. 9. A copy of aforesaid instructions shall be provided by Shri Abhinit Jaiswaal, learned counsel to learned counsel for the petitioner. . (Brij Raj Singh,J.) (Sangeeta Chandra,J.) Order Date :- 21.8.2025 Anupam S/- Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench