ATUL VERMA AND ANOTHER v. STATE OF U.P. THRU. ADDL. CHIEF SECY. REVENUE AND 3 OTHERS
/9393/2025 · 2025-09-23
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 166526 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 166526 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9393 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J.
HON'BLE BRIJ RAJ SINGH, J.
1. Heard learned counsel for the petitioners, Shri Mohan Singh,
learned counsel for the respondent no.4 and learned Standing Counsel for the respondent State. 2. This petition has been filed by the petitioners with the following prayer :-
"(i). Issue a writ, order or direction in the nature of Mandamus commanding the opposite parties thereby restraining them from dispossessing the petitioners from Gata No.435, 436 and 439Ka, situated in Village Bhikhipur Jhaliha, Tehsil-Bikapur, District Ayodhya otherwise than in due course of law."
3. It is the case of the petitioners that the petitioners' father Ram Kishore was given pasture land on Assami Patta. The S.D.M., Bikapur vide order dated 5.5.2000 approved the report of the Lekhpal and restore the disputed area as pasture land. The father of the petitioner came to know of the order dated 5.5.2000 and he filed an application for recall of orders dated 5.5.2000 and 28.6.2000 which was allowed on 16.5.2001 and the matter was posted for evidence. When neither any evidence was adduced nor there was any contest by any respondent, the respondent no.3 restored the order dated
5.5.2000. An application for recall of the order was moved by Ram Versus Counsel for Petitioner(s) : Mohammad Ehtesham Khan Counsel for Respondent(s) : C.S.C., Mohan Singh Atul Verma And Another .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Revenue And 3 Others .....Respondent(s)
Kishore but the same was rejected on 14.2.2005. 4. The father of the petitioners being aggrieved preferred Revision no.1609/Faizabad under Section 219 of the U.P. Land Revenue Act before the Additional Commissioner (Judicial-II), Faizabad Division, Faizabad. Initially, there was a stay of the order dated 29.4.2005 thereafter the revision was dismissed on 14.2.2006 but with the observation that the dispossession of the leaseholder shall be done strictly in accordance with Section 202 of the U.P. Zamindari Abolition and Land Reforms Act(herein after referred to as "U.P.Z.A. & L.R.Act"), however, no action was taken under Section 202 of the U.P. Z.A. & L.R.Act and all of a sudden, on 12.9.2025, the petitioners received a phone call from Area Lekhpal Surendra Verma directing the petitioners to vacate the land in question forthwith or they will be forcibly dispossessed, hence this petition has been filed with the aforesaid prayer. 5.
5. Learned Standing Counsel has produced before this Court the instructions sent by the S.D.M, Bikapur, Ayodhya, which are taken on record, according to which Gata No.439/0.414 hectare and Gata No.436/0.215 hectare have been recorded as Pasture land (Charagarh land) and the petitioners have sown their crops over such land which is in the nature of a temporary encroachment. The Settlement Officer, Consolidation, Ayodhya Mandal, by an order dated 23.10.2018 had directed the parties to maintain status quo as a result of which the status was maintaining and no interference in the possession of the petitioners was being done as proceedings under Section 11 (1) of the Consolidation of Holdings Act is pending before the Settlement Officer, Consolidation, Ayodhya Mandal, Ayodhya. Later on, said case was rejected on 9.9.2025 by Settlement Officer, Consolidation concerned. 6. Now since it is settled by the appropriate authority that the land of the aforesaid three plots is Charahgah which is a public land and the petitioners has no claim on its, proceedings will be initiated under Section 202 of the U.P. Z.A. & L.R.Act/ relevant provisions of the U.P. Revenue Code, 2006 and the rules framed thereunder. WRIC No. 9393 of 2025 2
7. In view of the aforesaid observations, the petition stands
disposed of. September 23, 2025 Shukla WRIC No. 9393 of 2025 3 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- ASHUTOSH KUMAR SHUKLA High Court of Judicature at Allahabad, Lucknow Bench