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2025 DAILYLAW 160169 (ALL)

RADHEY SHYAM AND 2 OTHERS v. STATE OF U.P. THRU. SECY. REVENUE, LKO. AND OTHERS

WRIB/838/2025 · 2025-09-08

Alok Mathur

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - B No. - 838 of 2025 Court No. - 5 HON'BLE ALOK MATHUR, J. 1. Heard Shri Rakesh Kumar Triapthi, learned counsel for the petitioners as well as learned Standing Counsel for respondents no. 1 to 5 and Shri Dileep Kumar Pandey, learned counsel for respondents no. 6 and 7. 2. The grievance of the petitioners is that the petitioners are tenure holder of land situated at Gaon Sabha Shreemau, Pargana Sandi, Tehsil Sawaijpur, District Hardoi and in the neighboring village i.e. Gaon Sabha Khimmapurwa, Pargana Sandi, Tehsil Sawaijpur, District Hardoi the consolidation proceedings are going on and the land of the petitioners is adjoining the village of Gaon Sabha Khimmapurwa. 3. It is stated that certain survey activities are going on and the petitioners at the behest that part of that holdings is likelihood would have taken away and included in Gaon Sabha Khimmapurwa in the said consolidation proceedings. 4. In the aforesaid circumstances, this Court may pass a direction to the respondents not to measure and survey the land of the petitioners in the consolidation proceedings being held in Gaon Sabha Khimmapurwa. 5. Learned Standing Counsel submits that the consolidation proceedings are continuing in Gaon Sabha Khimmapurwa and only to measure the land survey proceedings are carried out under the consolidation operation act in every village where such proceedings are undertaking. The land of Versus Counsel for Petitioner(s) : Rakesh K. Tripathi Counsel for Respondent(s) : C.S.C., Dilip Kumar Pandey Radhey Shyam And 2 Others .....Petitioner(s) State Of U.P. Thru. Secy. Revenue, Lko. And Others .....Respondent(s) the petitioners seems to be adjacent to the village where the consolidation operations are being conducted and it is only to ascertain the boundaries of land of village Khimmapurwa that the respondents are proceeded to survey the land and the petitioners cannot object to such survey. 6. It was further submitted that it is only apprehension of the petitioners that certain portion of their land may be taken away and vested in Gaon Sabha Khimmapurwa but on account of an apprehension the consolidation proceedings cannot be stopped, in as much as, an adverse order is passed, the petitioners would have legal remedy against such action. 7. Considering the rival contention, it is noticed that the consolidation proceedings are continuing in the village adjacent to the land of the petitioners survey proceedings are integral to the consolidation proceedings where after only measuring the land that consolidation operations take place and the process of rectuclarization is carried out. Merely because the village where the consolidation proceedings are pending adjacent to the village of the petitioners and because the petitioners have apprehension that portion of their land may be taken away, is no ground for interference of the consolidation proceedings, in as much as, it is possible that certain portion of the land purportedly held by the petitioners may from part of land with regard to Gaon Sabha Khimmapurwa for which, such fact can be determined only in survey proceedings. In any view of the matter the interest any adverse action is taken against the holding of the petitioners they would have suitably legal remedy in this regard and consequently consolidation proceedings cannot be interfered. 8. With the aforesaid observations, the instant petition stands disposed of. September 8, 2025 Muk WRIB No. 838 of 2025 2 (Alok Mathur,J.) Digitally signed by :- MOHD UMAR KHAN High Court of Judicature at Allahabad, Lucknow Bench