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2025 DAILYLAW 163464 (ALL)

SUKAEE AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. REVENUE DEPTT. LKO. AND 4 OTHERS

/8988/2025 · 2025-09-12

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8988 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned counsel for the petitioners and learned Standing Counsel for the respondents. 2. This petition has been filed by the petitioners with the following prayers :- "Issue a writ, order or direction in the nature of Mandamus to direct the opposite party no.2 to illegal encroachment should be removed from the petitioner's land Gata No.145 measuring area 0.668 hectare situated in Village Amarnagar Pargana Tambaur, Tehsil Laharpur, District Sitapur, which is pending before the opposite party no.3 i.e. Sub-Divisional Magistrate (Judicial)/Assistant Collector-I, Laharpur, Sitapur since long time, in the interest of justice." 3. It is a case of the petitioners that the petitioner no.1 had purchased land of Gata No.145 area 0.668 hectare from Santosh Kumar Son of Tekan who was one of the co tenure holders. The two registered sale deeds having been obtained in his favour on 10.5.2021, he could not get the entire share that has been sold off by the seller and therefore, he filed an application under Section 24 of the U.P. Revenue Code, 2006 before the Revenue court. Such application has not been decided. On the other hand, the respondent nos.4 and5 are illegally encroaching upon the petitioners' Versus Counsel for Petitioner(s) : Rajesh Kumar Kashyap, Arti Devi, Charan Singh Counsel for Respondent(s) : C.S.C. Sukaee And Another .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Revenue Deptt. Lko. And 4 Others .....Respondent(s) share of Gata No.145. Hence, this petition has been filed. 4. Learned Standing Counsel has pointed out page nos. 14 and 15 of the paper book which is a report submitted by the Tehsildar to the Sub Divisional Magistrate saying that the petitioner has got certain land which was recorded in favour of several co tenure holders and the sale deed did not indicate any boundaries of which area had been sought by the petitioner. The demarcation was tried to be carried out in pursuance of some order of interim nature and on spot inspection was done but it appears that other co-tenure holders of Gat No.145 have constructed their houses and therefore it was difficult to measure and demarcate. 5. We find no good ground to show interference as prayed for. 6. The writ petition is disposed of finally with liberty to the petitioners to approach the competent court. September 12, 2025 Shukla WRIC No. 8988 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- ASHUTOSH KUMAR SHUKLA High Court of Judicature at Allahabad, Lucknow Bench