KEDARI @ KADARI v. STATE OF U.P. THRU. THE PRIN. SECY. REVENUE LKO. AND 7 OTHERS
WRIC/8915/2025 · 2025-09-15
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 164023 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 164023 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8915 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J.
HON'BLE BRIJ RAJ SINGH, J.
1. Heard learned counsel for the petitioner, learned Standing Counsel for the State-respondents and Sri Dilip Kumar Pandey, learned counsel for the Gaon Sabha concerned. 2. This petition has been filed with the following main prayers:-
"i. Issue a writ order or direction in the nature of mandamus commanding the opp. Parties concerned to protect their Bhumidhari land gata no.1044ka area 0.1620 hectare situated in village Ramlok Tehsil Dhaurahara District Kheri, from to be grabbed by the opp. parties concerned from making the construction of Anganbadi Kendra of the Land of the petitioner in the interest of justice. ii. Issue a writ order or direction in the nature of mandamus commanding the opp. Parties concerned to not make any encroachment and constructions in the Bhumidhari land of the petitioners bearing gata no.1044ka area 0.1620 hectare situated in village Ramlok Tehsil Dhaurahara District Kheri, and also not interfere in the peaceful possession of the petitioner over their land in the interest of justice. iii. Issue a writ order or direction in the nature of mandamus commanding the opposite parties concerned to removed the illegal constructions of Anganbadi Kendra from the land gata no.1044ka area 0.1620 hectare situated in village Ramlok Tehsil Dhaurahara District Kheri in the interest of justice. iv. Issue a writ, order or direction in the nature of mandamus commanding the opp. Parties concerned to take the necessary action regarding the grievances of the petitioner raised in the application dated 18.06.2025 as contained in Annexure No.1 to this writ petition and protect his Bhumidhari land gata no.1044ka area 0.1620 Versus Counsel for Petitioner(s) : Aman Kumar Shrivastav Counsel for Respondent(s) : C.S.C., Dilip Kumar Pandey Kedari @ Kadari .....Petitioner(s) State Of U.P. Thru. The Prin. Secy. Revenue Lko. And 7 Others .....Respondent(s)
hectare situated in village Ramlok Tehsil Dhaurahara District Kheri, from to be grabbed by the opp. parties concerned in the interest of the justice."
3.
It has been submitted by learned counsel for the petitioner that the petitioner is a recorded tenure holder of Gata no.1044Ka, area 0.1620 hectare, situated at Village Ramlok, Pargana Firozabad, Tehsil Dhaurahara, District Kheri and the respondents are constructing Anganbadi Kendra over the petitioner's land, although the petitioner has already moved an application under Section 24 of the U.P. Revenue Code, 2006, which is pending before respondent no.3. 4. Learned Standing Counsel for the State-respondents and Sri Dilip Kumar Pandey, learned counsel for the Gaon Sabha concerned, on the basis of instructions, state that the Land Management Committee of Village Ramlok has proposed Anganbadi Kendra to be built on Gata no.1043, area 0.150 hectare, which is recorded as Navin Parti land. The instructions are kept on record. 5. It appears that instead of land of Gata No.1043 being utilised for constructing Anganbadi Kendra, the respondents are constructing Anganbadi Kendra on the petitioner's land. 6. This writ petition is disposed of with a direction to the Sub Divisional Magistrate, Dhaurahara, District Kheri, to decide the demarcation application preferred by the petitioner under Section 24 of the U.P. Revenue Code, 2006, expeditiously, in accordance with law. Proper opportunity of hearing shall be given to the petitioner and he shall cooperate in disposal of such application. Such application shall be decided within a period of one month from the date, a certified copy of this order is produced before the authority concerned. The Anganbadi Kendra shall be built only on Gata no.1043 earmarked for the said purpose and proposed by the Land Management Committee. September 15, 2025 Sachin WRIC No. 8915 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench