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2025 DAILYLAW 159232 (ALL)

MADARSA DARUL ULOOM SIDDIKIYA FAIZANE MADEENA THRU. MANAGER LIYAKAT ALI v. STATE OF U.P. THRU. PRIN. SECY. REVENUE LKO. AND 5 OTHERS

WRIC/8114/2025 · 2025-08-27

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8114 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned counsel for the petitioner, learned Standing Counsel for the State respondent nos. 1 to 5, Shri Pankaj Gupta, learned counsel for respondent no.6-Gaon Sabha and perused the record. 2. This petition has been filed for the following main prayer : "(i). issue a writ, order or direction in the nature of mandamus commanding the opposite parties concerned to not demolish the institution of petitioner and also exchange the land of same valuation from the land of petitioner of Gram Sabha land in accordance with law in the interest of justice ; (ii). issue a writ, order or direction in the nature of mandamus commanding the opposite parties concerned to consider and decide the application dated 04.08.2025 of petitioner as contained in Annexure no.1 to this writ petition in the interest of justice." 3. Learned counsel for the petitioner has submitted that the petitioner's land is situated adjacent to Gaon Sabha land and is willing to exchange the land that belongs to him with the Gaon Sabha and his Mosque and Madarsa should not be demolished. 4. Learned Standing Counsel has produced before this Court written instruction dated 16.08.2025 sent by the Tehsildar, Ikauna, District Shrawasti, Versus Counsel for Petitioner(s) : Ram Prasad Dwivedi Counsel for Respondent(s) : C.S.C., Pankaj Gupta Madarsa Darul Uloom Siddikiya Faizane Madeena Thru. Manager Liyakat Ali .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Revenue Lko. And 5 Others .....Respondent(s) which is taken on record, wherein it has been stated that in Village Tandawa Mahanth, Gata No.1721 area 5.487 hectare is recorded under Category 5(3) as Krishi Yogya Banjar-Sthai Pashuchar Bhumi. A part of such Gata ad- measuring 0.115 hectare has been encroached upon by the petitioner-Liyakat Ali by constructing a Madarsa and a Masjid over it and also his house. The Area Lekhpal has submitted a report regarding encroachment and proceedings under Section 67 are pending in the Court of Tehsildar, Ikauna registered as Case No.202508620205240 and date was fixed earlier as 22.08.2025 in this regard. 5. This writ petition stands disposed of with a direction to the petitioner to participate in the proceedings under Section 67 pending before the Tehsildar concerned. August 27, 2025 Pks WRIC No. 8114 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench