HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8908 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 petition has been filed by the petitioner praying for issuing a mandamus to respondent nos.2 to 4 i.e. District Magistrate, Lakhimpur Kheri, Sub Divisional Magistrate, Tehsil Lakhimpur, District Lakhimpur Kheri, and Tehsildar, Tehsil Lakhimpur, District Lakhimpur Kheri, not to demolish the constructions made by the petitioner on Gata no.523, area 0.121 hectare, and since the petitioner is a recorded tenure holder and is in possession of the said Gata, respondents no.2 to 4 be directed not to hand over possession of the said Gata to private respondents. 3. It is the case of the petitioner that the petitioner had bought Gata no.523 on 29.5.2004 through a registered Sale Deed and petitioner's name is recorded as tenure holder in the relevant Khatauni/revenue records. The private respondents no.5 to 8 have been given Patta over Gata no.524, which is recorded as Banjar in the name of Gaon Sabha. Respondent nos.5 to 8 have asked the Tehsil authorities for delivery of possession of land that has reached out to them. Respondent no.4 has taken action against the petitioner, saying that petitioner has constructed his house over Gata no.524 and not over Gata no.523. 4. It has been submitted by learned counsel for the petitioner that petitioner is not only the owner of Gata no.523 but he is also the owner of Gata no.525 Versus Counsel for Petitioner(s) : Ashok Kumar, Chandra Prakash, Muzammil Asad Counsel for Respondent(s) : C.S.C. Om Prakash Verma .....Petitioner(s) State Of U.P. Thru Prin.Secy. Revenue Deptt. Lko And Ors. .....Respondent(s) and petitioner has raised construction of his house on Gata no.523 after proper demarcation by the revenue officials as is evident from the report made on his application by the Revenue Inspector on 18.8.2022, copy of which has been filed as Annexure-3 to the writ petition. 5. Learned Standing Counsel has disputed the said contention and has submitted that the petitioner's application dated 12.7.2022 was addressed to the Tehsildar, Tehsil Lakhimpur, District Kheri and he had prayed that Gata no.523, area 0.121 hectare is recorded in his name and it is situated on the main highway from Lakhimpur to Nighasan and he does not know the width of the road of Lakhimpur to Nighasan and his land be directed to be demarcated by the Area Lekhpal. On his application made on a plain piece of paper, the Naib Tehsildar had directed the Revenue Inspector and Lekhpal to conduct demarcation of petitioner's land and in the report, that has been submitted by the Revenue Inspector, it has been stated that Gata no.523, area 0.121 hectare is not situated on the road and the road has not been built on the said Gata. It has been submitted that the application made on a plain piece of paper for demarcation of land could not have been entertained by the Naib Tehsildar and no such direction can be issued to the Revenue Inspector and Area Lekhpal. However, they have gone to the area in question and found that the land of the petitioner was not taken in the Lakhimpur to Nighasan road. 6. We have gone through the instructions sent by the Tehsildar, Lakhimpur Kheri, wherein it has been stated that adjacent to Gata no.523, there is Gata no.524, which is recorded as Banjar in the Gaon Sabha Khata and it has been allotted by the Land Management Committee of the Gaon Sabha in favour of four eligible landless persons and in pursuance thereof, the revenue team had gone to inspect the land and demarcated and handed over possession to these four persons. However, it was found that the petitioner has raised construction over part of Gata no.524 and he was asked to remove his encroachment on Gaon Sabha land. 7. We find that Annexure-3 to the writ petition is only an application on a plain piece of paper. The petitioner could have made an application under Section 24 of the U.P. Revenue Code, 2006 in the prescribed format before the competent authority and also deposited the requisite fees for demarcation, which he has not done. He has constructed his house under some misconception over Gata no.524. WRIC No. 8908 of 2025 2 8. This writ petition is disposed of with a direction to the petitioner to move an appropriate application under Section 24 of U.P. Revenue Code, 2006. September 15, 2025 Sachin WRIC No. 8908 of 2025 3 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench