Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 187027 (ALL)

SMT.JHABBU DEVI v. STATE OF U.P. THRU. PRIN. SECY. REVENUE DEPTT. LKO AND 2 OTHERS

WRIC/11231/2025 · 2025-12-05

Amitabh Kumar Rai, Sangeeta Chandra

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 11231 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE AMITABH KUMAR RAI, J. 1. Heard learned counsel for the petitioner and learned Standing Counsel, who appears on behalf of State-respondents. 2. This petition has been filed with the following prayers :- "(a) to issue a writ order or direction in the nature of mandamus thereby commanding the opp. party no.2 District Magistrate, Gonda to immediately take a decision on the application dated 29.9.2025 contained in annexure no.12 to the writ petition moved by Lallan, the husband of petitioner for removal of encroachment/construction from his remaining portion of land Gata No.351/0-397H now gata no.365 situated in Village Gangapur, District Gonda excluding the area i.e. 15 x 18 = 270 sq. ft. of the said gata which petitioner had sold out to one Jumman Khan through sale deed dated 22.1.2013. (b) to issue a writ order or direction in the nature of mandamus thereby commanding the opp. parties to immediately demolish the illegal construction of boundrywall made on the remaining portion of land of petitioner Gata No.351/0-397H now gata no.365 situated in Village Gangapur, District Gonda which is clear from the photograph annexed as annexure no.5 to the writ petition. (c) to issue a writ order or direction in the nature of mandamus thereby commanding the opp. parties to make a departmental inquiry in the present matter as revenue officials have submitted false and cryptic report before the District Magistrate, Gonda who expressed her great displeasure & anguish mentioned in the letter dated 22.8.2025 sent by the Sub Divisional Magistrate, Sadar, Gonda contained in annexure no.10 to Versus Counsel for Petitioner(s) : Sandeep Kumar Srivastava Counsel for Respondent(s) : C.S.C. Smt.Jhabbu Devi .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Revenue Deptt. Lko And 2 Others .....Respondent(s) the writ petition but in spite of that no action has been taken for removing the illegal construction over the land of petitioner. " 3. No private respondents have been arrayed by the petitioner although the relief sought is against the private respondent. 4. It has been submitted by learned counsel for the petitioner that the suit has been decided in favour of the petitioner on 17.01.2023. Yet the private persons, namely, Rizwanuddin, Jlaluddin, Fasiuddin and Samiuddin, who were defendants in the said suit, are raising constructions, and the petitioner has repeatedly approached the administrative authorities, who have not done anything in the matter. Hence this petition has been filed. 5. This petition is disposed of with liberty to the petitioner to move an execution application before the court concerned. December 5, 2025 Shubhankar WRIC No. 11231 of 2025 2 (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- SHUBHANKAR THAKUR High Court of Judicature at Allahabad, Lucknow Bench