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2025 DAILYLAW 180880 (ALL)

DEVI PRASAD UPADHYAY AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. REVENUE LKO. AND 8 OTHERS

WRIC/10891/2025 · 2025-11-11

Prashant Kumar, Shekhar B Saraf

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 10891 of 2025 Court No. - 3 HON'BLE SHEKHAR B. SARAF, J. HON'BLE PRASHANT KUMAR, J. 1. Heard learned counsel for the petitioners and the learned Standing Counsel for the State-respondents. 2. This petition has been filed by the petitioners for the following prayers:- "a. A writ, order or direction in the nature of mandamus commanding and directing to the respondent nos.2 to 5/State authorities not to interfere in the peaceful possession of petitioners over the land in question bearing Gata No.355/1.0120 hectare, 360/0.1140 hectare, and 361/2460 hectare which is recorded as grove land of petitioners. b. Writ, order or direction in the nature of mandamus commanding and directing to the respondent nos. 2 to 4 to take suitable action against opposite party no. 6 for his deliberate illegal and unlawful action who is Station House Officer forcefully without any authority and order of competent court of law wants to evict petitioners by constructing pathway of private opposite party no. 8 to 9 over land in question bearing Gata No. 355/1.0120 hectare, 360/0.1140 hectare, and 361/2460 hectare, for which he is repeatedly pressurizing petitioners by threatening to send jail in false criminal cases in the undue pressure of private opposite party no. 8 to 9." Versus Counsel for Petitioner(s) : Jnanendra Pratap Shukla Counsel for Respondent(s) : C.S.C. Devi Prasad Upadhyay And Another .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Revenue Lko. And 8 Others .....Respondent(s) 3. Learned counsel appearing on behalf of the petitioners submits that raising their grievances the petitioners have filed an application under Section 24 of U.P. Revenue Code, 2006 before the respondent authority, however the same has not yet been decided. 4. Upon due consideration, we are of the view that the respondent no.4/Sub Divisional Magistrate, Tehsil Kadipur, District Sultanpur is directed to carry out demarcation proceedings after granting opportunity of hearing to the petitioner and pass a reasoned and speaking order in accordance with law upon the application of the petitioner under Section 24 of U.P. Revenue Code, 2006. The entire exercise shall be carried out within a period of eight weeks from the date of receipt of a true certified copy of this order. 6. With the above direction, the writ petition is disposed of. . (Prashant Kumar, J.) (Shekhar B. Saraf,J.) November 11, 2025 Arjun/- WRIC No. 10891 of 2025 2 Digitally signed by :- ARJUN PRASAD High Court of Judicature at Allahabad, Lucknow Bench