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2025 DAILYLAW 161055 (ALL)

SMT.CHANDRAVATI ALIAS CHANDA v. STATE OF UP THRU. PRIN. SECY. REVENUE,CIVIL SECRETARIAT, LKO. AND 5 OTHERS

WRIC/8772/2025 · 2025-09-09

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8772 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. 2. This petition has been filed praying for a mandamus to be issued to the District Magistrate Unnao to decide the representation of the petitioner dated 14.04.2025, a copy of which has been filed as annexure-4 to the petition and also for a direction to the District Magistrate to stop a property dealer from taking over the land of the petitioner without following due process of law and to initiate enquiry and take action against the revenue officials, who are acting in collusion with such property dealer. 3. It is the case of the petitioner that Gata No.428 area 0.0890 hectare situated in Village Behta, Pargana Maurawa, Tehsil Purva, District Unnao, is recorded in the name of the petitioner as bhumidhar with transferable rights on the basis of a registered Will executed in her favour. Adjacent to the land of the petitioner is Gata No.429 kha area 0.1260 hectare over which the petitioner has taken possession and doing agricultural operations. The Gram Pradhan and the property dealer along with the Area Lekhpal are pressurizing the petitioner to vacate land of Gata No.429 kha and the petitioner has filed a case under Section 144 of the U.P. Revenue Code registered as T-202410690282 before the Court of Sub Divisional Magistrate, Purva, Unnao, which is pending. Versus Counsel for Petitioner(s) : Sudhir Kumar Rai Counsel for Respondent(s) : C.S.C., Dilip Kumar Pandey Smt.Chandravati Alias Chanda .....Petitioner(s) State Of Up Thru. Prin. Secy. Revenue,Civil Secretariat, Lko. And 5 Others .....Respondent(s) 4. It has been submitted that the Area Lekhpal along with the private property dealer have demolished the boundary wall of the petitioner during the pendency of the said case. No heed has been paid to her application to the Sub Divisional Magistrate. Hence this petition has been filed. 5. Learned Counsel for the respondents has produced before this Court instructions sent by the Tehsildar, Purva, Unnao, from which it is evident that on 01.02.2025, an application was received in Sampurna Samadhan Diwas from Sandeep, the Gram Pradhan of Gram Panchayat Behta, for conducting an enquiry regarding the petitioner taking over possession of Gram Sabha land of Gata No.429 kha area 0.3540 recorded as naveen parti Category 5(1). The land in question was inspected and the revenue records were also perused and it came out during the enquiry that Gata No.429 kha area 0.3540 hectare has been encroached upon by several villagers including the petitioner. The revenue team along with police force removed such unauthorized and illegal encroachment. 6. Now there is no encroachment on such land. 7. Case No. T-202410690282, allegedly filed by the petitioner, is not pending in the Court of Sub Divisional Magistrate Purva. The petitioner had no boundary wall erected on Gata No.428 Min. area 0.0890 hectare as indicated by her in her representation 8. Instructions are taken on record. 9. This writ petition is disposed of with liberty to the petitioner to pursue her remedy before the appropriate Court. September 9, 2025 Rahul WRIC No. 8772 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) 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