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2025 DAILYLAW 166626 (ALL)

MAINUDDIN SALUDDIN CHAUDHARI v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF REVENUE LKO. AND 8 OTHERS

WRIC/9441/2025 · 2025-09-25

Brij Raj Singh, Sangeeta Chandra

Public Interest Litigationbody2025

Judgment text

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THIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9441 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J. This petition has been filed with the following prayers :- "(i) issue a writ, order or direction in the nature of Mandamus commanding the opposite party no.2 to 6 to implement the order dated 28.08.2025 passed in Case no.7537 under section 24 of U.P. Revenue Code in respect of Gata No.151 situated at Village Bhojpur, Pargana and Tehsil Tulsipur, District Balrampur as contained in Annexure No.1 to this writ petition. (ii) Issue a writ, order or direction in the nature of Mandamus commanding the opposite party no.2 and 3 to direct the opposite party no.6 to provide the proper police force to the tehsil authority for re- demarcation of the gata in question in compliance of order dated 28.08.2025." It is the case of the petitioner that he had moved an application under Section 24 of the U.P. Revenue Code, 2006 which was finally decided in his favour and erection of boundary marks were also done thereafter in compliance of the order dated 14.7.2025, however, family members of the opposite parties no.7 to 9 have demolished the stone pillars and have encroached upon the land of the petitioner. The petitioner submitted a complaint to the Revenue Inspector. Tehsil officials inspected the gata in question and a report has been submitted regarding destruction of Versus Counsel for Petitioner(s) : Alok Singh Counsel for Respondent(s) : C.S.C. Mainuddin Saluddin Chaudhari .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Revenue Lko. And 8 Others .....Respondent(s) boundary marks but no further action has been taken. The petitioner has also lodged an FIR against opposite parties no.7 to 9 registered as case no.0064/2025, under section - 191 (2), 362 (e), 352 and 351 (3) BNS at police station - Gaishri, District Balrampur on 26.8.2025. The petitioner has submitted an application to the SDM which has been marked by the SDM to the Tehsildar to hold an inquiry. Copy of such application has been filed as Annexure no.1 to the petition. This petition is disposed of with the direction to the petitioner to move an appropriate application under section 22/23 of the U.P. Revenue Code, 2006. If the boundary of his plot has been in any way destroyed and stone pillars that have been erected by the revenue officials, have been removed by any person then a report regarding the same shall be sent by the area lekhpal to the Naib Tehsildar who shall report the matter to the SDM and appropriate action shall be taken against the persons responsible for such removal. September 25, 2025 mks WRIC No. 9441 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench