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2025 DAILYLAW 162214 (ALL)

SARDAR ALI AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF REVENUE, LKO. AND OTHERS

/8592/2025 · 2025-09-12

Alok Mathur

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8592 of 2025 Court No. - 5 HON'BLE ALOK MATHUR, J. 1. Heard Sri Kamal Kishor Tiwari, learned counsel for the petitioners as well as learned Standing Counsel for respondent nos. 1 to 3 and Sri Pankaj Gupta, learned counsel for respondent no. 4. 2. The petitioners claim to be in possession of Gata No. 692, area 0.095 hectares, which undoubtedly is recorded as Gaon Sabha land (Navin Parti), over which the petitioners claim their possession. It is in the aforesaid circumstances, the petitioners have stated that they have moved an application for exchange of the land which is in their possession, which may be given to them in exchange of land of Gata No. 787 min/0.2220 hectares, of which the petitioners are recorded tenure holders. 3. It has been submitted that over Gata No. 692, Gaon Sabha has already started construction and accordingly, petitioners seek to restrain the Gaon Sabha from raising constructions. 4. Learned Standing Counsel has submitted that firstly, till necessary orders are passed under Section 101 of the U.P. Revenue Code, 2006, land would continue to be owned and possessed by the Gaon Sabha, over which they have right to raise any construction, as prescribed by law. 5. It is only after appropriate orders are passed under Section 101 of the Code, 2006, that the petitioners would have any right, interest or title over the said land. Versus Counsel for Petitioner(s) : Kamal Kishor Tiwari Counsel for Respondent(s) : C.S.C., Pankaj Gupta Sardar Ali And Another .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Revenue, Lko. And Others .....Respondent(s) 6. It is further submitted that apart from the above, the petitioners can move appropriate application before the competent authority under Para 470(n) of the U.P. Revenue Courts Manual, for seeking prayer which has been sought by the petitioners in the present writ petition. 7. Accordingly, present writ petition is disposed of with liberty to the petitioners to move appropriate application under Para 470(n) of the U.P. Revenue Courts Manual before the competent authority within next two weeks. In case any such application is moved within the stipulated time period, the competent authority shall proceed to consider and decide the same expeditiously, say within two weeks thereafter, in accordance with law. September 12, 2025 A. Verma WRIC No. 8592 of 2025 2 (Alok Mathur,J.) Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench