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2025 DAILYLAW 176495 (ALL)

UMA SHANKER VERMA v. STATE OF U.P. THRU. PRIN. SECY. REVENUE DEPTT., LKO. AND OTHERS

WRIC/11215/2025 · 2025-12-01

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 11215 of 2025 Court No. - 22 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Instructions filed today by the learned Standing Counsel is taken on record. 2. Heard Sri R.D. Shahi, learned counsel for the petitioner, Sri Mohan Singh, learned counsel for respondent no.5 and Sri Dev Prakash Mishra, learned Standing Counsel for the State-respondents. 3. Present petition has been filed for the following relief: "i) To issue a writ order or direction in the nature of mandamus commanding and directing the opposite parties to reconstruct the chakroad as per the demarcation report dated 01.06.2022 contained as Annexure no. 3 followed by stone marking report dated 06.06.2022 contained as Annexure No. 4. ii) Issue a writ, order or direction in the nature of mandamus commanding and directing the opposite parties to maintain the status quo ante while restoring the actual area of the Bhumidhari plot of the petitioner in respect of Gata no. 398 and 399. (iii) Issue a writ, order or direction in the nature of mandamus commanding and directing the opposite party no. 3 to take necessary action against the erring revenue officials including the actual encroachers qua chak road in question." 4. Contention of learned counsel for the petitioner is that petitioner is the bhoomidhar of plot nos.398 and 399 which is adjacent to gata no.396 which is chak road. In pursuance of the application of the petitioner for demarcation of the land of gata nos.398 and 399, demarcation report dated 01.06.2022 was also prepared and Versus Counsel for Petitioner(s) : Ripu Daman Shahi, Shashi Prabha Dubey Counsel for Respondent(s) : C.S.C., Mohan Singh Uma Shanker Verma .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Revenue Deptt., Lko. And Others .....Respondent(s) thereafter stone marking report was also prepared on 06.06.2022 and stone was also erected on the spot. Subsequently, the Gaon Sabha while making the road over the chak mark in gata no.396 illegally encroached over the land of the petitioner. 5. Per contra, learned Standing Counsel has submitted that chak road is being constructed over gata no.396 not on the land of the petitioner on gata nos.398 and 399. It is also submitted by learned Standing Counsel that petitioner had already approached the District Magistrate vide application dated 13.09.2025 for demarcation of his land so that encroachment over the land of the petitioner in the garb of construction of chak road could be determined. 6. Considering the aforesaid submission and taking into account that the demarcation of the land of the petitioner was already concluded on 06.06.2023, therefore, it would be appropriate that respondent no.3 shall consider the application of the petitioner and obtain the report from Tehsildar and pass appropriate order considering the objection of the petitioner within a period of six weeks from the date of receiving the copy of this order. 7. With the aforesaid observation, present application is disposed of. December 1, 2025 S.C. WRIC No. 11215 of 2025 2 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad, Lucknow Bench