RAVINDRA KUMAR AGRAHARI (RAVINDRA KUMAR GUPTA) v. THE STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 4 OTHERS
WRIC/8742/2025 · 2025-09-08
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 163124 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 163124 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8742 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 writ petition has been filed with the following main prayers:-
"1. Issue a writ, order or direction in the nature of mandamus commanding the opposite parties No.3 to dispossessed to opposite party No.5 land of Khasra No. 369Ka measuring area 3.9710 hectare situated at Village Rudaupur, Tehsil Bhiti, District- Ambedkar Nagar. 2. Issue a writ, order or direction in the nature of mandamus commanding restraining the opposite parties No.4 not interfere and forcefully started construction of land of Khasra No. 369Ka measuring area 3.9710 hectare situated at Village Rudaupur, Tehsil Bhiti, District- Ambedkar Nagar."
3. We have gone through the representation of the petitioner dated 02.04.2025 which alleges that the opposite party no. 5 has taken over Government land on the basis of a sale deed that was illegally executed with respect to Gata No. 369Ga and he has also taken over land of the Gram Sabha surrounding such Gata No. 369Ka and making construction thereon. Versus Counsel for Petitioner(s) : Prem Kumar Srivastava Counsel for Respondent(s) : C.S.C. Ravindra Kumar Agrahari (Ravindra Kumar Gupta) .....Petitioner(s) The State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 4 Others .....Respondent(s)
4. Learned Standing Counsel for the State Respondents has produced a copy of the instructions sent by the Sub-Divisional Magistrate, Bhiti, Ambedkar Nagar and Tehsildar, Bhiti dated 06.09.2025 wherein it has been stated that the Naib-Tehsildar, Bhiti, Ambedkar Nagar had conducted an enquiry and on the spot inspection and found that Gata no. 369ka area 3.9710 hectare is recorded as abadi under Category 6(2) of in the Revenue Records and the entire village abadi is settled over such land. The petitioner has no house situated in this village abadi land. He has his own house situated in Gata No. 391, which is his bhumidhari land. Gata No. 369Ka has the house of opposite party no.5, Babu Ram Gupta and other villagers. The petitioner has some dispute regarding the possession with the respondent no. 4 Narendra Kumar Gupta and respondent no. 5 Babu Ram Gupta. 5. The written instructions are kept on record. 6.
It appears from the instructions that the petitioner has a private dispute with the respondents no. 4 & 5 with regard to possession over abadi land. 7. This writ petition is disposed of leaving it open for the petitioner to approach the Competent Civil/Revenue Court. September 8, 2025 Darpan Sharma WRIC No. 8742 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- DARPAN SHARMA High Court of Judicature at Allahabad, Lucknow Bench