HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9212 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE MANJIVE SHUKLA, J. Vakalatnama filed by Shri Jaiyesh Bhoosreddy, Advocate on behalf of respondent no.5 today in Court is taken on record. Heard learned counsel for the petitioner, learned Standing Counsel, who appears for the State-respondent and Shri Jaiyesh Bhoosreddy, learned counsel for the respondent no.5. This petition has been filed by the petitioner with the following main prayers : "Issue a writ, order or direction in the nature of writ of mandamus directing the opposite parties not demolish the boundary wall of petitioner constructed upon Kharsra No.23Sa and also not to take the possession of the land of Khasra No.23Sa having area 0.3790 hectare situated at Village and Pargana Daud Nagar, Tehsil Sadar, District Lucknow forcefully and illegally." It is the case of the petitioner that he is the recorded tenure-holder of Khasra no.23Sa, having an area of 0.3790 hectare, situated at Village and Pargana Daud Nagar, Tehsil Sadar, District Lucknow, which he purchased from Smt. Dulara, who derived her title from her father, Mangalu. A copy of Khatauni Fasli Year 1426-1431 has Versus Counsel for Petitioner(s) : Hairdaya Narain Tiwari, Ankit Kumar Pandey, Atul Tiwari, Hari Mangal Singh Counsel for Respondent(s) : C.S.C., Namit Sharma Sarvan .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Urban Deve. Lko And 4 Others .....Respondent(s) been filed as Annexure No.1 to the writ petition. The registered sale deed executed by Smt. Dulara in respect of Khasra No.23Sa, having an area of 0.3790, has not been challenged before any court of law. After purchasing the land, the petitioner constructed a boundary wall of 5 feet height protecting the area acquired by him. He has been in possession since long. However, suddenly, on 21.08.2025, the employees of respondent no.5 visited the land and without issuing any notice to the petitioner, started measuring the land. Thereafter they told the petitioner that the land belongs to the Government and insisted that the petitioner hand over possession thereof. The petitioner made an application on 23.08.2025 before the Sub-Divisional Magistrate, Sadar, Lucknow, a copy of which has been annexed as Annexure No.4 to the writ petition. Such application has remained undisposed of. It has also been argued by learned counsel for the petitioner that Khasra No.23 is a minjumla number in which several persons along with petitioner, are recorded as co-shareholders in following manner : (i) Khasra No.23Sa, area 0.3790 hectare, belongs to the petitioner, (ii) Khasra No.23Sa, area 0.3790 hectare, belongs to Barati S/o Mannu, (iii) Khasra No.23Sa, area 0.1000 hectare, belongs to Baulal S/o Laxman, (iv) Khasra No.23Sa, area 0.3790 hectare, belongs to Ousaan S/o Late Meharban, (v) Banjar land Khasra No.23Ga, area 0.0590 hectare, belongs to Nagar Nigam, Lucknow, (vi) Naveen Parti Khasra no.23Ka, area 0.1830 hectare, belongs to Nagar Nigam, Lucknow, and (vii) Usar land Khasra no.23Ka, area 0.3220 hectare, belongs to Nagar Nigam, Lucknow. It has also been submitted that in the revenue map, there is no partition and the entire Khasra No.23, having a large area, is undivided in the revenue map of Village Daud Nagar. As per the provisions of Section 30 (2) of U.P. Revenue Code, 2006, the Collector has the power to physically divide a minjumla number in WRIC No. 9212 of 2025 2 the manner prescribed under the rules. The respondents cannot take over the petitioner's land by alleging that it belongs to the Gaon Sabha and having now come within the municipal limits, stands transferred to Nagar Nigam, Lucknow without an actual partition of minjumla khata having been carried out. Learned counsel appearing on behalf of Nagar Nigam, Lucknow, on the basis of instructions, has stated that Gata No.23, having an area of 0.564 hectare is recorded as Naveen Parti land. A proposal has been made for constructing a Rajkiye Balika Inter College and for such purpose, the land has been transferred to the Secondary Education Department. The revenue team inspected the records as well as conducted an on-the-spot inspection along with Naib Tehsildar, Kakori. It was found that on most of the area of Gata No.23, houses had been constructed. The other co-sharers had also sold their shares of Gata No.23. It has not been disputed in the said instructions that the land belonging to the Nagar Nigam, Lucknow recorded as Usar, Naveen Parti and Banjar could not be separately marked out and identified. The land found vacant in Gata No.23 was less than what was recorded in the revenue records. Out of the total 0.0564 hectare, only 0.450 hectare of land was found vacant on the spot. A copy of such instructions is kept on record. The writ petition is, accordingly, disposed of with a direction to the petitioner to move an application under 30 (2) of U.P. Revenue Code, 2006 before the appropriate authority within a week from today, in the prescribed format and after paying the prescribed fee. On such application being filed, the competent authority shall after affording an opportunity of hearing to the parties concerned, decide the case as expeditiously as possible, preferably within a period of three months from the date a copy of this order is produced before him. For a period of three months, Nagar Nigam, Lucknow may start constructions over the area of 0.450 hectare of land which was WRIC No. 9212 of 2025 3 found vacant during the inspection conducted by the revenue team, but it shall not disturb the boundary wall of the petitioner. September 18, 2025 Mahesh WRIC No. 9212 of 2025 4 (Manjive Shukla,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- MAHESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench