SMT. JAIRAJI v. STATE OF U.P. THRU. ITS PRIN. SECY. HOME LKO. AND 5 OTHERS
WRIC/8033/2025 · 2025-08-22
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 158749 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 158749 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:49394-DB Court No. - 2 Case :- WRIT - C No. - 8033 of 2025 Petitioner :- Smt. Jairaji Respondent :- State Of U.P. Thru. Its Prin. Secy. Home Lko. And 5 Others Counsel for Petitioner :- Rakesh Kumar Modanwal,Deepak Tiwari Counsel for Respondent :- C.S.C. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J.
1. Heard learned counsel for the petitioner and learned Standing Counsel appearing on behalf of the State Respondents. 2. This petition has been filed with the following main prayer:-
"Issue a writ order for direction in the nature of Mandamus directing to the opposite party (State officials) no.2, 3 and 4 to comply with stay order dated 18.03.2025 in complete respect passed by Apar Civil Judge (Junior Division) room no.16 District- Pratapgarh passed in Original Suit No.249/2025, Jairaji Vs. Ramesh Kumar within the period so stipulated by this Hon'ble Court."
3. It has been submitted by learned counsel for the petitioner that the petitioner is the recorded tenure holder of Gata No.785 area 0.0960 hectare in Village Bansi, Pargana & Tehsil Sadar, District Pratapgarh. The petitioner being an old lady is being harassed by the current Gram Pradhan and the area Lekhpal, who have been impleaded in person as respondent nos.6 and 5 respectively. 4. It has been submitted that the petitioner's Gata is adjacent to Gata No.779 which is recorded as chak marg. Instead of laying khadanja over chak marg, the Gram Pradha and the area Lekhpal are laying the khadanja over the petitioner's land. The petitioner being aggrieved had filed a Civil Suit No.249 of 2025 in the Court of Civil Judge (Junior Division), Pratapgarh, wherein an ad-interim injunction was granted to the petitioner. However even the ad-interim is not being respected. The petitioner again approached learned Civil Judge
(Junior Division), Pratapgarh, who passed the order indicating that the interim injunction is still in existence and asking for a report from the Police Station concerned. 5. Now, the respondents have entered the land of the petitioner at night and started laying khadanja forcibly. The petitioner has photographs and also video footage of the illegal construction going on on her plot. 6.
Learned Standing Counsel has produced before this Court instructions sent by Ramashanker Pandey, Sub Inspector, Police Station Antu, Pratapgarh, wherein it has been stated that the khadanja is being laid only on adjacent Gata No. 779/ 0.055 hectare in Village Bansi, which is recorded as chak marg. On a representation of the petitioner, on the spot inspection was carried out by the revenue team and also by the Police personnel. The Area Lekhpal and the Sub Inspector Ramashanker Pandey both visited the site on 18.06.2025 and found that khadanja is being laid only on Gata No.779/0.055 hectare. 7. Instructions are kept on record. 8. This petition is disposed of with a direction to the State Respondents to ensure that khadanja is laid only on the land belonging to the Gram Sabha earmarked for chak marg i.e. Gata No.779 of Village Bansi, by clearly demarcating the same. Order Date :- 22.8.2025 Rahul Digitally signed by :- RAHUL TRIPATHI High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAHUL TRIPATHI High Court of Judicature at Allahabad, Lucknow Bench