DHIRENDRA SHARMA AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. REVENUE DEPTT. LKO. AND 5 OTHERS
WRIC/9460/2025 · 2025-09-25
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 166808 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 166808 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9460 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 petition has been filed with the following main prayer:-
"i. issue a writ, order or direction in nature of mandamus to given the direction to the Opposite party No 2 to 4 not to disturb the petitioner's peaceful possession over their allotted lease land, which was allotted to them on dated 20/10/1991 bearing Gata No. 737Mi.area 01:5 hectare. ii. issue a writ, order or direction in nature of mandamus to given the direction to the Opposite party No 2 to 4 not to disturb the petitioner's peaceful possession over their allotted lease land, which was allotted to them on dated 20/10/1991 bearing Gata No. 737Mi.area 01:5 hectare and further that their possession shall not be disturbed until the suit remains pending before Civil Judge, Awar Khand, Room No. 25 District- Sultanpur." Versus Counsel for Petitioner(s) : Rajiv Kumar Bajpai, Suparna Mishra Counsel for Respondent(s) : C.S.C., Mohan Singh Dhirendra Sharma And 2 Others .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Revenue Deptt. Lko. And 5 Others .....Respondent(s)
3. It is the case of the petitioner that father of the petitioner had been allotted housing Patta in Gata No.737 area 0.155 ha. The father of respondent nos.5 and 6 filed an application challenging such allotment in the year 2014. The matter was transferred to the Sub-Divisional Magistrate, Sadar, Tehsil Baldirai, Sultanpur, which application was rejected on 05.04.2018. The father of the respondent nos.5 and 6 thereafter filed a Civil Suit in the Court of Civil Judge (Senior Division), Sultanpur on 31.05.2018, which is pending till today. 4. While the matter was pending before the Sub-Divisional Magistrate, Sadar, Tehsil Baldirai, Sultanpur, he had asked for a report from the Tehsildar and the Lekhpal, which was submitted on 13.04.2016, wherein it has come out that the land was allotted to the father of the petitioner on
20.10.1991. Now, during the pendency of the Civil Suit, the respondents are disturbing the peaceful possession of the petitioner. 5.
Learned Standing Counsel had produced before this Court instructions dated 24.09.2025 sent by S.D.M., Baldirai, Sultanpur, wherein it has been stated that housing Patta was allotted to the petitioner's father in Gata no.737 area 1 Biswa 5 Biswansi, and he had constructed his house over the same. Next to such house there is a public Rasta on which the petitioner has put his tin shed which is obstructing the way of the villagers. A complaint was made regarding encroachment on such Rasta. An inspection was carried out, and it was found that a tin shed and other iron angles/rods had been put up by the petitioner, obstructing villagers from coming and going to the village. The temporary encroachment was removed. A copy of the spot memo prepared by the Revenue Team has been enclosed to the said instructions. Copy of photographs taken regarding the proceedings for removal of tin shed and iron angles has also been enclosed. 6. Instructions are kept on record. 7. The Writ Petition stands disposed of accordingly. September 25, 2025 Rahul WRIC No. 9460 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- RAHUL TRIPATHI High Court of Judicature at Allahabad, Lucknow Bench