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2025 DAILYLAW 170809 (ALL)

JAGDISH v. STATE OF U.P. THRU. PRIN. SECY. REVENUE DEPTT. U.P. LKO. AND 7 OTHERS

/11207/2024 · 2025-01-07

Brij Raj Singh, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:1023-DB Court No. - 2 Case :- WRIT - C No. - 11207 of 2024 Petitioner :- Jagdish Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt. U.P. Lko. And 7 Others Counsel for Petitioner :- Manoj Kumar Yadav Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Brij Raj Singh,J. 1. Heard. 2. The petitioner himself claims to be in possession of part of the land which according to him was declared surplus. The allegation is that the private opposite parties have grabbed the said land on the basis of fraudulent mutation. We asked learned counsel for the petitioner as to whether petitioner is recorded in respect of the said land, he fairly submitted that he is not recorded. We asked him as to how he is in possession of the said land if it has been declared surplus, he had no answer except to say that if unauthorized occupation of the said land by the private opposite parties is removed, the petitioner would have no greivance so far as his rights are concerned. We are not satisfied as legality of the occupation of the said land by the petitioner itself is highly doubtful. If there is a mutation in favour of the private opposite parties, the same is not under challenge before us. If it is fraudulent then proceedings can be initiated by the concerned especially as the land has been declared surplus under the ceiling act. We decline to exercise our extraordinary jurisdiction in the matter. However, this would not imply affirmation of any rights claimed by the private opposite parties in the land in question nor that of the petitioner, meaning thereby, our order shall not come in the way if proceedings are held in this regard for ascertaining their rights or for their eviction. 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