RAMANESH KUMAR v. STATE OF U.P. THRU. PRIN. SECY. REVENUE DEPTT. LKO. AND 3 OTHERS
WRIC/8504/2025 · 2025-09-04
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 161389 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 161389 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8504 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, who appears for the State-opposite parties and perused the record. 2. This writ petition has been filed by petitioner with following main prayer(s):
"i) to issue a writ, order or direction in the nature of mandamus, commanding / directing the opposite parties no. 2 and 3 to get cancel the Gharauni, illegally obtained and issued in favour of opposite party no. 4,"
3. It has been submitted by learned counsel for the petitioner that opposite party no.4 has taken forceful possession of the land belonging to the petitioner. The land of Gata No.497 situated in Gram Sabha Pahrauli @ Ranapur, Pargana Khero, Tehsil Lalganj, District Raebareli is recorded as 'abaadi' land and the petitioner is in possession over the entire land of aforesaid gata since abolition of Zamindari and the petitioner's bricks and debris are also lying on the land, but the area Lekhpal in collusion with opposite party no.4 has illegally issued forged Gharauni in her name. 4. It has come out from the pleadings on record that a civil dispute regarding Gata No.497 is pending in the court of Additional District Magistrate (Administration), Raebareli, which the petitioner had filed, but which was dismissed for want of prosecution. The petitioner has filed Versus Counsel for Petitioner(s) : Bisunbablu Mishra, Dr. Surendra Kumar Misra Counsel for Respondent(s) : C.S.C. Ramanesh Kumar .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Revenue Deptt. Lko. And 3 Others .....Respondent(s)
appeal/revision before the Board of Revenue, which is pending. There is no interim order in favour of the petitioner passed by the Board of Revenue. 5. Learned Standing Counsel on the other hand has placed before this Court instructions sent by Shri Mithilesh Kumar Tripathi, Sub Divisional Officer, Lalganj, Raebareli, wherein it has been stated that Gata No.497 area 0.0890 hectare is recorded as 'abaadi' in the revenue records and on 100 meter of the said land, there is a drainage/nala. Four housing sites were allotted to different people on 03.06.2002 admeasuing 100 square meter each. On the said 'abaadi' gata, 79.5 square meter is in possession of Gayatri Devi w/o Om Prakash Singh.
A survey of the village was carried out on 04.12.2023 and she was given 'gharauni' on the basis of her possession over 79.5 square meter as stated herein-above. 6. The instructions also referred to Order/Circular No.2145 dated 11.11.2020 passed by the Board of Revenue. In the said Circular of the Board of Revenue, para-15 clearly states that in case no objection is field at the time of survey, 'gharauni' shall be granted to the person already in possession of the land belonging to village 'abaadi'. The petitioner did not move any application before the Assistant Revenue Officer/Sub Divisional Magistrate concerned objecting to the survey carried out, wherein opposite party no.4 was found in possession over 79.5 square meter. Instructions are kept on record. 7. Taking into account the instructions, this writ petition stands disposed of with direction to the petitioner to approach the Board of Revenue, where his case is reportedly pending. September 4, 2025 Anupam S/- WRIC No. 8504 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench