ASHUTOSH KUMAR AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY./ADDL. CHIEF SECY. DEPTT. OF REVENUE LKO. AND 6 OTHERS
WRIC/9475/2025 · 2025-09-25
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 165874 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 165874 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9475 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 writ petition has been filed with the following main prayers:-
"i) to issue a writ, order or direction in the nature of Mandamus commanding to direct the opposite party no.-2 to 6, remove the illegal encroachment, encroached by the opposite party no-7 over the aforesaid land of petitioners New Gata no-41/2, admeasuring area -0.8165 hectare,(Old Gata No-41 and 39) situated at Village - Alinagar, Tehsil - Kaisarganj, District- Baharaich in accordance with law. ii) to issue a writ, order or direction in the nature of Mandamus commanding the opposite party no-2 and 3 decide the pending several representations, which are annexed as Annexure no- 5 and 8, during pending of the writ petition."
3. It has been submitted by learned counsel for the petitioner that in case under Section 24 of the U.P. Revenue Code relating to Gata No. 41/2 a final order has been passed by the Sub-Divisional Magistrate, on the basis of which, possession was given to the petitioner, but the private respondents have again raised illegal encroachment on land allotted to the petitioner. Versus Counsel for Petitioner(s) : Ankit Kumar, Pramod Kumar Tiwari Counsel for Respondent(s) : C.S.C. Ashutosh Kumar And Another .....Petitioner(s) State Of U.P. Thru. Prin. Secy./Addl. Chief Secy. Deptt. Of Revenue Lko. And 6 Others .....Respondent(s)
4. Learned Standing Counsel for the State Respondents has produced before this Court instructions sent by the Sub-Divisional Magistrate, Tehsil- Kaisarganj, District- Baharaich wherein it has been stated that after case relating to Gata No. 41/1.406 hectare was decided, applications under Section 116 and 117 of the U.P. Revenue Code, bearing Case No. T202108150301731 and T202108150306779 were decided by orders dated 27.02.2021 and 26.03.2023. The said orders were complied with and spot memo prepared by the Revenue Team. In the meantime, the petitioner became aggrieved by some private respondents encroaching upon his land. The petitioner moved an application under Section 24 registered as Case No. T202508150300716 which is pending and the next date fixed in the matter is 25.09.2025. 5. The written instructions are kept on record. 6. Accordingly, the writ petition stands disposed of.
September 25, 2025 Darpan Sharma WRIC No. 9475 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- DARPAN SHARMA High Court of Judicature at Allahabad, Lucknow Bench