HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8668 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J. This petition has been filed with the following prayers :- A writ, order or direction in the nature of mandamus thereby directing the Opposite party no.2, 3 & 4 to restrain the principal , Rajkiya Polytechnic, Juguniya Deeh, Barain, Tehsil – Nawabganj, District – Barabanki to install the Gate over the Boundary wall of the petitioner with immediate effect. i. We have heard learned counsel for the petitioner, learned Standing Counsel appearing on behalf of the State – respondents no.1 to 5 and Shri Mohan Singh who appears on behalf of respondent no.6. It is the case of the petitioner that husband of the petitioner has purchased a portion of land of Gata No.292/1 on 23.5.1990 by paying sale consideration of Rs.31,000/- to the erstwhile owner and and after the death of her husband she is residing in the land which earlier was called Sant Kuti. The aforesaid land was given by the Land Management Committee to Sant Kuti free of cost as is evident from the agenda of meeting of Land Management Committee filed as Annexure No.2 to the petition. Since the house of the petitioner is situated adjacent to the College of the Opposite party No.3 and the Principal of the College wants to encroach the land of the petitioner and is installing a gate without any authority of law forcibly. The petitioner raised a grievance before the SHO and SDM but nothing has been done in the matter, hence, this writ petition has been filed. Learned counsel for the State- respondents have produce instruction before this Court sent by Anand Kumar Tiwari, SDM Nawabganj, Barabanki wherein it has been stated that Malti Devi, wife of Sundar Lal has stated that she is in occupation of a portion of Gata no. 292/1 situated in village Juguniyadeeh, Pargana – Satrikh, Tehsil Nawabganj, District Barabanki which is old Gata Number before consolidation operation. The new Gata number is 252 (ga) Versus Counsel for Petitioner(s) : Ram Karan Yadav, Madhukar Singh Counsel for Respondent(s) : C.S.C., Mohan Singh Malti .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Revenue Lko. And 5 Others .....Respondent(s) which is recorded in category 6 (2) abadi land which is allotted in favour of the Government polytechnic. The records relating to Gata No.292/1 before consolidation operations were examined and it was found that Gata No.292/1 was not allotted in favour of any person before consolidation operations. The petitioner has been found to be in unauthorized possession of Gata No.250 which is recorded in Banjar Khata and neither the husband of the petitioner Sundar Lal son of Ram Charan nor Sant Kuti are mentioned as allottees of any land before consolidation operations and no documentary evidence is in existence in the record room relating to any such allotment. The petitioner has filed the writ petition only to protect her unauthorized possession over the Government land. We have gone through the agenda item, copy of which has been filed as Annexure No.2 to the writ petition. From the agenda item of Gram Sabha/ Land Management Committee it is evident that one agenda item relating to Sant Kuti was circulated by the Lekhpal on 24.5.1985 and there appears to be some proposal made by Gram Panchayat in its meeting held on 30.5.1985 in favour of one Baba Raghav Das/ Raggha Das who wanted some land for construction of a Sant Kuti thereon to enable him to post other Saints visiting the village. Since the respondents have stated that there is no record relating to any such allotment made on the basis of such proposal for old Gata no.292/1 of the village concerned and no approval by any competent officer to such proposal, it cannot be said that such land was actually allotted for the purpose of Sant Kuti. We have also gone through Annexure No.1 to the petition which is a receipt that has been issued by one Baba Shanti Puri, Chela Baba Vishunpuri on 23.5.1990 and such receipt says that Rs.31,000/- had been given by Sundar, son of Ram Charan, resident of Hamlet Baraiya, Majre Sohelpur to him for land belonging to Sant Kuti. In case the husband of the petitioner had paid Rs.31,000/- to Baba Shanti Puri, Chela Baba Vishunpuri Gram Lokai, Purva Mauja Sonauli, post Dariga Thithuri, Pargana – Suryapur, Police station -Ramsanehighat, District Barabanki for land which did not belong to the said Baba Shanti Puri, such transaction cannot be held to be valid in law. No right of the petitioner can be said to have been derived on the basis of such receipt. Instructions are kept on record. Writ petition stands dismissed. September 11, 2025 mks WRIC No. 8668 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench