Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 175669 (ALL)

RAJ DEV v. STATE OF U.P. THRU. ADDL. CHIEF SECY. REVENUE U.P. AND 6 OTHERS

/9870/2025 · 2025-11-27

Manjive Shukla, Shekhar B Saraf

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9870 of 2025 Court No. - 3 HON'BLE SHEKHAR B. SARAF, J. HON'BLE MANJIVE SHUKLA, J. 1. Rejoinder affidavit filed today is taken on record. 2. Heard learned counsel appearing on behalf of the petitioner, learned Standing Counsel appearing on behalf of the State- respondents and Sri Mohan Singh, learned counsel appearing on behalf of the Gram Panchayat. 3. The captioned writ petition has been filed by the petitioner inter alia, praying therein for the following main reliefs:- "(i) Issue a writ order or direction in the nature of 'Mandamus' there by commanding to the opposite parties including Gram Pradhan i.e. o.p. no. 6 and 7 to not to raise the construction of CC road on the plots of petitioner, Plot No. 201 area 0.073 hectare, 207aa area 0.0970 hectare, 207ba area 0.065 hectare and 212 area 0.1250 hectare situated in village Salahpur, Tehsil Lambhua, District Sultanpur. (ii) Issue a writ order or direction in the nature of 'Mandamus' thereby commanding to the opposite parties not to create obstruction and interference in peaceful possession and consumption of plots, Plot No. 201 area 0.073 hectare, 207aa area 0.0970 hectare, 207ba area 0.065 hectare and 212 area 0.1250 hectare situated in village Salahpur, Tehsil Lambhua, District Sultanpur." Versus Counsel for Petitioner(s) : Pt. S. Chandra, Ravi Kant Mishra Counsel for Respondent(s) : C.S.C., Mohan Singh Raj Dev .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Revenue U.P. And 6 Others .....Respondent(s) 4. It has been contended by the petitioner that the Gram Pradhan of the Gram Panchayat concerned is constructing an interlocking road on his bhumidhari land. 5. This Court, after hearing parties' counsels, directed the respondent No.2 to file a counter affidavit vide order dated October 13, 2025. In compliance of the said order passed by this Court, a counter affidavit has been filed by the respondent No.2, wherein, in paragraph No.13, it has been categorically stated that the interlocking road is being constructed on Gata Nos.196 and 206 as per the current map and that there is no construction on the bhumidhari land of the petitioner. It transpires from the record that the petitioner had instituted proceedings under Section 30(1) of the U.P. Revenue Code, 2006 for correction of the map of his gata numbers and those proceedings are pending before the Chief Revenue Officer, Sultanpur. It also transpires that as per the current map which exists as on date, the measurement proceedings have been carried out and it has been found that there is no construction on the bhumidhari land of the petitioner. So far as the pending proceedings under Section 30(1) of the U.P. Revenue Code, 2006 are concerned, we feel it proper to expedite those proceedings. 6. Accordingly, this writ petition is disposed of with a direction to the Chief Revenue Officer, Sultanpur to expedite the proceedings under Section 30(1) of the U.P. Revenue Code, 2006 filed by the petitioner and, if possible, may conclude the proceedings within a period of two months from today. 7. It is also provided that if subsequently the map of the petitioner’s land is corrected and he is of the opinion that the construction of the interlocking road lies on his bhumidhari land, then it would remain open for him to approach this Court again in respect of the aforesaid construction. November 27, 2025 cks/- WRIC No. 9870 of 2025 2 (Manjive Shukla,J.) (Shekhar B. Saraf,J.) Digitally signed by :- CHANDRA KANT SINGH High Court of Judicature at Allahabad, Lucknow Bench