HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 11409 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE RAM MANOHAR NARAYAN MISHRA, J. 1. Heard learned Counsel for the petitioners and learned Standing Counsel appearing on behalf of the State-respondents. 2. This petition has been filed with the following main prayer:- "Issue of a writ in nature of Mandamus commanding the opposite parties no 2 to 4 not to create any hindrance in the peaceful possession of the petitioner in and over the land of the petitioners .i.,e part of the land Cata no 946 measuring 77.695 sqr mt situated at village Para Pargana Tehsil and Distt Lucknow either by demolishing the boundary wall or damaging the same in any manner at the behest of the opp.party no 5 in any manner whatsoever." 3. It has been submitted by learned Counsel for the petitioners that one writ petition was filed, namely, Writ-C No.8336 of 2024:Shri Trikoleshwar Mahadev Sewa Samiti Through its President Kishan Kanaujiya Vs. State of U.P. and others, praying for a direction to the Sub- Divisional Magistrate, Lucknow Sadar, and the Additional Collector/ Tehsildar, Nagar Nigam, Lucknow to take action in accordance with the Versus Counsel for Petitioner(s) : Pramod Singh, Vishal Kumar Srivastava Counsel for Respondent(s) : C.S.C., Namit Sharma, Rajesh Kumar Singh Smt. Ruby Gupta And Another .....Petitioner(s) State Of U.P. Thru. Secy. Ministry Of Revenue Lko. And 4 Others .....Respondent(s) observations made by the High Court in the case of Panna Lal and others Vs. District Magistrate, Gautam Budh Nagar, 2009 (108) RD 401, and direct the respondents that taking into account the intent of Government Order No.402/1-2-2017-(General)/2017, take action against the land grabbers of Gata No.167/501 Village-Devpur, Tehsil-Sadar, Lucknow. The said writ petition was disposed of by this Court by directing the Municipal Commissioner, Lucknow, to decide the representation of the petitioner within two weeks from the date a certified copy of the order was brought before him and with a further direction that in case the Municipal Commissioner, Lucknow, comes to a conclusion that there is indeed encroachment upon Government land marked as banjar, then he may initiate proceedings for removal of such encroachments by giving proper notice to the encroachers and only thereafter proceeding against him. 4. 4. After this order was passed on 26.09.2024, the Municipal Commissioner and his subordinate has started disturbing the peaceful possession of the petitioner over land of Gata no.946 ad-measuring 77.695 m² situated at Village-Para, which is a different revenue village from Village -Devpur, and of which land the petitioner is the recorded tenure-holder. 5. Having gone through the pleadings on record and instructions sent by the Sub-Divisional Magistrate, Sadar Lucknow dated 26.11.2025, this Court is, prima facie, of the opinion that Khasra no.1671/501 area 0.0690 ha having been recorded as Banjar in the revenue records of Gram- Devpur and Gata no.946 being recorded in the name of the petitioner as well as other co-tenure-holders in Village-Para, there has not been any demarcation exercise carried out by the Nagar Nigam before disturbing the peaceful possession of the petitioners. 6. It is evident from the instructions sent by the Sub-Divisional Magistrate, Sadar Lucknow that by a Notification dated 24.02.2001, the land belonging to the surrounding villages otherwise in control of Gram Sabha of such villages has come within the purview of Lucknow Nagar Nigam and it is now responsible for management and control of such land which belongs to the Gaon Sabha. WRIC No. 11409 of 2025 2 7. The respondents are restrained from disturbing the possession of the petitioner over Gata no.946 of Village-Para before issuing any notice and initiating appropriate proceedings, in case the Nagar Nigam authorities are satisfied that the petitioner has encroached upon the Banjar land. 8. Instructions are kept on record. 9. Sri Rajesh Kumar Singh, learned Counsel who appears for the Nagar Nigam, says that no representation has been made by the petitioner to the Municipal Commissioner or to any other officer of the Nagar Nigam. The Annnexure-4 to the writ petition has been addressed to the Sub-Divisional Magistrate, Sadar, Lucknow. 10. We are of the opinion that in case the Municipal Commissioner has not passed any order for disturbance of the peaceful possession of the petitioners over their property, i.e, Gata no.946 of Village Para, then the petitioners would be at liberty to approach the appropriate Civil Court against the private persons who have demolished their boundary wall. 11. Writ petition stands disposed of. November 26, 2025 Rahul WRIC No. 11409 of 2025 3 (Ram Manohar Narayan Mishra,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- RAHUL TRIPATHI High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAHUL TRIPATHI High Court of Judicature at Allahabad, Lucknow Bench