PREMVATI v. STATE OF U.P. THRU. ITS PRIN. SECY. DEPTT. OF REVENUE LKO. AND 9 OTHERS
WRIC/9025/2025 · 2025-09-17
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 162261 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 162261 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9025 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J.
HON'BLE BRIJ RAJ SINGH, J.
We have heard learned counsel for the petitioner, learned Standing Counsel appearing on behalf of respondents no.1 to 5 and Shri Dilip Kumar Pandey, learned counsel appearing on behalf of respondents no.6 Gram Sabha. This petition has been filed with the following prayers :-
"issue a writ, order or direction in the nature of mandamus commanding and directing the respondent authorities to direct the opposite parties especially opposite party no.3 to 5 tehsil Shahabad, District Hardoi, to remove unauthorized encroachment on land gata no.99 Miljumla/0.1900 situated in Village - Gahora, Pargana - Shahabad, Tehsil - Shahabad, District Hardoi."
It is the case of the petitioner that he is the recorded bhumidhar of Gata No.99 M/0.1900 hectare in village and pargana Shahabad tehsil Shahabad District Hardoi and opposite parties no.7 to 10 are private respondents who are encroaching upon the land of the petitioner. The petitioner has made a complaint on the IGRS portal on 01.11.2022 and again on 25.3.2023 but no action has been taken, hence, this petition has been filed. Versus Counsel for Petitioner(s) : Aditya Kumar Bajpai Counsel for Respondent(s) : C.S.C., Dilip Kumar Pandey Premvati .....Petitioner(s) State Of U.P. Thru. Its Prin. Secy. Deptt. Of Revenue Lko. And 9 Others .....Respondent(s)
Learned counsel appearing on behalf of the State - respondents have pointed out that it appears that Gata No.99 M has not been actually physically partitioned amongst co-sharer/ tenureholders. Unless an appropriate application is made for partition of such gata and appropriate
order is passed on such application, it cannot be said who is encroaching upon whose land. Dispute is private in nature. This petition is disposed of with liberty to the petitioner to approach the appropriate forum. September 17, 2025 mks WRIC No. 9025 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench