DEEPA SINGH v. STATE OF U.P. THRU. PRIN. SECY. RURAL DEVELOPMENT U.P. LKO. AND 8 OTHERS
WRIC/9202/2025 · 2025-09-18
Manjive Shukla, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 164388 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 164388 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9202 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J.
HON'BLE MANJIVE SHUKLA, J. Heard learned counsel for the parties and perused the record. This petition has been filed with the following prayers :- (i) issue a writ, order or direction in the nature of Mandamus commanding and directing the opposite parties no.1 to 6 to pay the compensation regarding the damage of the crops of the petitioner which was situated in the land Gata No.1054 situated at village - Dhema (Aldemau), police station - Motigarpur, Tahsil jaisinghpur, District Sultanpur, in the interest of justice. (ii) issue a writ, order or direction in the nature of Mandamus commanding and direction the opposite party no.2 to 5 to decide the representation (annexure no.6) in the stipulated time provided by the Hon'ble Court in the interest of justice." It is the case of the petitioner that she is cosharer and recorded tenure holder of Gata No.1054, situated in village - Dhema (Aldemau), police station - Motigarpur, Tehsil - Jaisinghpur, District - Sultanpur. Gram Pradhan was constructing a road over the land of the petitioner. She approached this Court by filing a writ petition, i.e., Writ C No.5759 of 2024. The Court by observing that remedy lie in filing the application under section 24 of the U.P. Revenue Code, 2006 for demarcation of land of Gata No.1054 and 1077. During demarcation proceedings the Gram Pradhan would also be given a hearing and if it is found that the 'chak marg' has been constructed in the bhumidhari land of the petitioner then the Gram Pradhan will have to take Versus Counsel for Petitioner(s) : Ashutosh Kumar Singh Counsel for Respondent(s) : C.S.C., Mohan Singh Deepa Singh .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Rural Development U.P. Lko. And 8 Others .....Respondent(s)
measures to remove the same. It has been submitted by the learned counsel for the petitioner that despite order passed by this Court on 05.6.2025 to SDM concerned to conclude the proceedings under section 24 within two months, the said proceedings have not been concluded and the Gram Pradhan has constructed road over the petitioner's land over Gata No. 1054.
Learned Standing Counsel has produced before this Court instructions dated 11.9.2025 of SDM Jaisinghpur, Sultanpur wherein it has been stated that application under Section 24 being made by the petitioner case no. T202504680704590 had been registered. A preliminary demarcation report was submitted on 28.7.2025 along with the revenue map and it was found that although in the khatauni the land of Gata No.1054 has been stated as admeasuring 0.2480 hectare, in the revenue map only 0.2340 hectare was found. There was a shortfall of 0.0140 hectare in the revenue map and there was also a recommendation that such shortfall can be made good by taking area from Gata No.1057. No demarcation could be done because of such report and the proceedings in the case have been stayed and the petitioner has been directed to file an application for correction of map. It has also been stated in the instructions that Gata No.1050 is chak marg which is situated to the north of the land of Gata No.1054 which belongs to the petitioner and on demarcation it was found that the chak marg has been constructed on the Gata earmarked for it, i.e., gata no.1050 only. It has been submitted by the learned counsel for the petitioner that on telephonic instructions from the client he has come to know that application for correction of map has also been filed by the petitioner. If such an application for correction of map has been filed, the appropriate authority shall give opportunity of hearing to all concerned, i.e. landholders of surrounding gatas and then pass appropriate orders in accordance with rules within a period of six months from today. With the aforesaid the writ petition stands disposed of. September 18, 2025 mks WRIC No. 9202 of 2025 2 (Manjive Shukla,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench