DEVTA v. STATE OF U.P. THRU. PRIN. SECY. REVENUE DEPTT. LKO. AND 4 OTHERS
WRIC/8014/2025 · 2025-08-25
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 158336 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 158336 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8014 of 2025 Court No. - 2 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-respondents 1 to 3 and perused the record. 2. This petition has been filed with the following main prayer:-
"(i). Issue a writ order or direction in the nature of Mandamus commanding the opposite parties to initiate departmental inquiry and take appropriate disciplinary action against opposite party no. 5 (Lekhpal) for filing a false report and failing to conduct land measurement."
3. It has been submitted by learned counsel for the petitioner that Amit Singh Chauhan, Lekhpal and Anil Kumar Dubey, Revenue Inspector, Gilaula, Tehsil Ikauna has submitted a false report regarding demarcation of land. The petitioner had sent a representation to the District Magistrate, Shrawasti in this regard on 05.08.2025, but no action has been taken. Hence, this writ petition has been filed. 4. Learned Standing Counsel has produced before this Court a copy of instructions sent by Tehsildar, Ikauna dated 25.08.2025 wherein it has been stated that on the basis of a report submitted by Lekhpal and Revenue Inspector, that the petitioner had submitted an application for delivery of possession of land which has been allotted to him. Gata No.175/1 area 0.100 hectare recorded under Category 5 (3) as banjar land is capable to be put for agriculture. The Sub Divisional Magistrate, Ikauna by his order dated 30.08.2013 has passed an order for recording of the name of the petitioner as bhumidhar with non-transferable rights/agriculture patta on the said land. 5. The petitioner thereafter approached the Sub Divisional Officer for delivery of actual physical possession. The revenue team visited the village in question Versus Counsel for Petitioner(s) : Garima Singh, Harshit Singh Counsel for Respondent(s) : C.S.C. Devta .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Revenue Deptt. Lko. And 4 Others .....Respondent(s)
on 24.08.2024 and the area was demarcated and handed over to the petitioner. Thereafter, again the petitioner moved an application saying that possession has not been delivered. Again, the revenue team visited the village in question on 20.08.2025 and found that land of Gata No.175/1 was lying vacant. No other person has encroached upon and taken possession of the land allotted to the petitioner.
Photographs of the land in question and the spot memo prepared along with report was submitted to the Sub-Divisional Officer. 6. Photograph that has been enclosed to the said instructions shows the petitioner along with two other persons standing on the land. The second photograph shows several persons of the village including the petitioner, Area Lekhpal and the Revenue Inspector standing on the land belonging to the petitioner. 7. We find no good ground to show interference. 8. The writ petition is disposed of with a direction to the Sub-Divisional Officer concerned to look into the various applications made by villagers which the petitioner alleges to have been signed by them saying that the revenue team did not carry out the demarcation and handed over possession to the petitioner, about which the counsel for the petitioner has argued orally without there being any pleading on record. If any such application is actually submitted to him, he may decide the same after taking evidence of the villagers who allegedly have deposed in favour of the petitioner. August 25, 2025 Pks WRIC No. 8014 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench