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2025 DAILYLAW 165601 (ALL)

SURENDRA KUMAR AND 5 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. REVENUE DEPTT. LKO. AND 5 OTHERS

WRIC/9224/2025 · 2025-09-18

Manjive Shukla, Sangeeta Chandra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9224 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE MANJIVE SHUKLA, J. Heard learned counsel for the parties. This petition has been filed with the following prayer:- "(i) Issue a Writ, order or direction in the nature of Mandamus directing and commanding to the opposite party no. 4 and 5 to not to disturb the peaceful possession of the petitioners on land bearing Gata no. 140, area 0.1170 hectare situated at village Chandrasa Khurd, Pargana – Firozabad, Tehsil - Dhaurahra, District – Lakhimpur Kheri. (ii) Issue a Writ, order or direction in the nature of Mandamus directing and commanding the opposite parties to not to initiate any encroachment proceeding of land bearing Gata no. 140, area 0.1170 hectare situated at village Chandrasa Khurd, Pargana - Firozabad, Tehsil - Dhaurahra, District Lakhimpur Kheri which belongs to the petitioners as per the revenue records." It has been submitted by the learned counsel for the petitioner that the petitioners are recorded tenure holders of land of gata no. 140, area 0.1170 hectare situated at Village Chandrasa Khurd, Pargana - Firozabad, Tehsil - Dhaurahra, District Lakhimpur Kheri and the said land was being tried to be encroached upon by one Atul Kumar Tripathi against whom the petitioner filed civil suit registered as Suit No. 860 of 2025. Now, Atul Kumar Tripathi son of Prashuram Tripathi has colluded with the area Versus Counsel for Petitioner(s) : Satyendra Kumar Maurya, Prince Singh Counsel for Respondent(s) : C.S.C., Dilip Kumar Pandey Surendra Kumar And 5 Others .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Revenue Deptt. Lko. And 5 Others .....Respondent(s) Lekhpal and they are trying to disposes the petitioner by fraudulently taking a portion of gata no. 140 and marking it out as chackmark. It has been submitted that gata no. 140 has a chakmark on its west and the parent gata no. 141 and banjar land of gata no. 142. Learned counsel appearing on behalf of the State respondent has placed before this Court the instruction dated 17.09.2025 sent by the SDM, Dhaurahra, District Lakhimpur Kheri, wherein, it has been stated that gata no. 140, area 0.1170 hectare belonging to the petitioner is not being disturbed in any manner and no interference is being cause in his peaceful possession. Instruction endorsed a joint report submitted by the Halka Lekhpal, Tehsildar and SDM. The instructions are taken on record. This petition is disposed of with a direction to the respondents that in case they wish to construct a chakmark, they should properly demarcate the area and construct the same only on the plot earmarked in the revenue map of the village concerned. September 18, 2025 Anurag WRIC No. 9224 of 2025 2 (Manjive Shukla,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench