KAMLESH DUTTA DUBEY v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. REVENUE LKO AND 3 OTHERS
/11246/2024 · 2025-01-07
Brij Raj Singh, Rajan Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 170231 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 170231 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:1038-DB Court No. - 2 Case :- WRIT - C No. - 11246 of 2024 Petitioner :- Kamlesh Dutta Dubey Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Revenue Lko And 3 Others Counsel for Petitioner :- Onkar Pandey Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Rajan Roy,J. Hon'ble Brij Raj Singh,J.
1. Heard.
2. Petitioner claims encroachment on his bhumidhari land bearing Gata no.180Kha by opposite party no.4. However, Sri Alok Kumar Srivastava, learned Standing Counsel has written instructions to the effect that there is no Gata no.180Kha and mention of it in the Khatuani as Annexure no.1 appears to be erroneous as there is no such mention in Form-41 and 45 prepared in the consolidation operations. Rightly or wrongly, there is a copy of Khatauni before us which refers to Khata No.180Kha and Kamlesh Dutt son of Sarju Prasad is its bhumidhar. It is recorded as bhimidhari land. Therefore, the contention is difficult to accept at least at this stage. Learned Standing counsel does not have consolidation/ revenue map which would have revealed the correct picture. Nevertheless, let opposite party no.3 who has provided the instructions to learned standing counsel look into the matter, get the facts verified and do the needful as per law but expeditiously say within three months as, if the petitioner has bhumidhari land recorded in his name then as long as the said land is recorded in his name, the Gram Pradhan cannot encroach upon it.
3. Accordingly, the petition is disposed of. (Brij Raj Singh,J.) (Rajan Roy,J.) Order Date :- 7.1.2025 Shanu/- Digitally signed by :- SHANU SUMAN High Court of Judicature at Allahabad, Lucknow Bench