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2025 DAILYLAW 184509 (ALL)

MURTAJA HUSAIN v. STATE OF U.P. THRU. PRIN. SECY. PANCHAYATI RAJ U.P. LKO AND 4 OTHERS

/11515/2025 · 2025-12-02

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 11515 of 2025 Court No. - 3 HON'BLE SHEKHAR B. SARAF, J. HON'BLE MANJIVE SHUKLA, J. 1. Heard learned counsel appearing on behalf of the parties. 2. This is a writ petition under Article 226 of the Constitution of India, wherein the writ petitioner has made the following main prayers:- "i. issue a writ order or direction in the nature of mandamus commanding/directing to the opposite parties concern to restrain/stop the construction of the Panchayat Bhawan on the land Old Gata No. 277 New Gata No.643/0.1320 Hectare, situated at Village-Miyaganj, Tahsil-Ram Sanehi Ghat, District-Barabanki to the petitioner patta land. ii. issue a writ order or direction in the nature of mandamus commanding/directing to the opposite parties not interfere in the peaceful possession of the petitioner on the land in question i.e. land Gata No. 277 New Gata No. 643/0.1320 Hectare, situated at Village-Miyaganj, Tahsil-Ram Sanehi Ghat, District-Barabanki to the petitioner." 3. Upon hearing learned counsel appearing on behalf of the parties, it appears that a patta was issued in favour of the petitioner on May 25, 1967. Subsequently, the patta was cancelled on December 29, 1988. However, the said cancellation was held to be illegal by the Settlement Officer Consolidation, Barabanki on March 8, 2018. The matter is presently pending before the Consolidation Officer, Sadar, Barabanki. Versus Counsel for Petitioner(s) : Vijay Prakash Srivastava Counsel for Respondent(s) : C.S.C., Mohan Singh Murtaja Husain .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Panchayati Raj U.P. Lko And 4 Others .....Respondent(s) 4. In light of the above position, we are unable to understand how the construction of the panchayat bhawan is taking place on the particular gata number, wherein the petitioner is having a patta and wherein the authorities have passed orders in his favour. 5. In light of the same, we direct the respondent-authorities not to construct the panchayat bhawan without obtaining any orders in their favour. 6. With the above direction, the writ petition is disposed of. December 2, 2025 cks/- WRIC No. 11515 of 2025 2 (Manjive Shukla,J.) (Shekhar B. Saraf,J.) Digitally signed by :- CHANDRA KANT SINGH High Court of Judicature at Allahabad, Lucknow Bench