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2025 DAILYLAW 170070 (ALL)

SANT BAKS MISHRA AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. URBAN DEVELOPMENT LKO. AND 3 OTHERS

WRIC/10999/2024 · 2025-01-02

Brij Raj Singh, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:69-DB Court No. - 2 Case :- WRIT - C No. - 10999 of 2024 Petitioner :- Sant Baks Mishra And Another Respondent :- State Of U.P. Thru. Prin. Secy. Urban Development Lko. And 3 Others Counsel for Petitioner :- Ambrish Tripathi Counsel for Respondent :- C.S.C.,Ravi Singh Hon'ble Rajan Roy,J. Hon'ble Brij Raj Singh,J. Heard Shri Ambrish Tripathi, learned counsel for the petitioners, learned Additional Chief Standing Counsel for the State and Shri Ravi Singh, learned counsel for the opposite party no. 4. The petitioners claim to have purchased the land forming part of Gata No. 324 by a sale deed and also that they are recorded in respect thereof. The grievance is that the Municipal Corporation, Ayodhya is now constructing a water tank on their land. On being confronted Shri Ravi Singh, learned counsel for the opposite party no. 4 says that he has instructions to inform the Court that the Water Tank is being constructed on Gata No. 291 A and 291 Ba. It would be better that a demarcation exercise is undertaken to ascertain as to whether the water tank is actually being constructed on land forming part of Gata No. 291 A and 291 Ba which as per Shri Singh is land of the Municipal Corporation, Ayodhya or it is being constructed on part of Gata No. 324 which the petitioners claim to be theirs so that further complications do not arise. The petitioners may initiate proceedings for demarcation of their Gata No. 324 or better the Municipal Corporation, Ayodhya which is undertaking the constructions may initiate proceedings for demarcation of the Gata No. 291 A and Ba which it claims to be its own so that the matter is resolved. With the aforesaid observations/directions, the writ petition is disposed of. We make it clear that if the construction is undertaken any further without demarcation exercise as aforesaid and ultimately if it is found that the construction is on petitioners' land, then, the concerned authorities will have to face the consequences monetary or otherwise. . (Brij Raj Singh,J.) (Rajan Roy,J.) Order Date :- 2.1.2025 R.K.P. Digitally signed by :- RAJ KUMAR PATEL High Court of Judicature at Allahabad, Lucknow Bench