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2025 DAILYLAW 17924 (ALL)

JOOTHAN MAURYA v. STATE OF U.P. AND 3 OTHERS

WRIC/4027/2025 · 2025-03-20

Ashwani Kumar Mishra, Donadi Ramesh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:41742-DB Court No. - 29 Case :- WRIT - C No. - 4027 of 2025 Petitioner :- Joothan Maurya Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Santosh Kukmar Tiwari Counsel for Respondent :- Bhupendra Kumar Tripathi,C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. 1. Heard learned counsel for the petitioner, Mr. B.P. Tripathi, learned counsel for the respondent-Gaon Sabha, learned Standing Counsel for the State-respondents and Mr. Babu Lal Ram, Advocate who has filed impleadment application on behalf of Deep Narayan. 2. Grievance of the petitioner is that paved-way is being constructed on the petitioner's land by the respondent-Gaon Sabha without any acquisition proceedings or his consent. 3. Pursuant to the order dated 7th March, 2025, instructions have been received by the learned Standing Counsel, which are taken on record. As per these instructions, a passage existed from before and that there is no encroachment on the petitioner's land. It is also submitted that at best there is an issue of demarcation for which the remedy would be before competent forum under Section 24 of the U.P. Revenue Code. 4. Learned counsel for Deep Narayan, who has filed impleadment application also states that none of the petitioner's land has been encroached. 5. In the facts of the case we permit the petitioner to approach the Sub-Divisional Magistrate of the area concerned i.e. third respondent, who will constitute a revenue team and would ensure that the plot of the petitioner is demarcated on the spot. Such demarcation would be undertaken after notice to the petitioner and would be done in his presence. If on such demarcation it is found that any part of the petitioner's land is utilized by the respondents, the respondent-authorities shall restore the same or pay compensation in accordance with the applicable Government Order. All such action shall be taken within a period of two months. 6. Accordingly, this writ petition is disposed of. (Donadi Ramesh, J.) (Ashwani Kumar Mishra, J.) Order Date :- 21.3.2025 Sushil/- Digitally signed by :- SUSHIL KUMAR SINGH High Court of Judicature at Allahabad