Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 30445 of 2025 Court No. - 4 HON'BLE AJIT KUMAR, J.
HON'BLE SWARUPAMA CHATURVEDI, J.
1. Heard Shri Ajay Kumar Srivastava, learned counsel appearing for the petitioner and Mr. Sandeep Singh, learned brief holder appearing for the State-respondents.
2. By means of this petition under Article 226 of the Constitution, the petitioner has prayed for a writ of mandamus commanding the respondent no.2 namely the Forest Department not to interfere in peaceful possession of the petitioner's land falling in plot no.652, area 0.046 hectare situate in village Challesar Etmadpur, District Agra.
3. It is submitted that the land in question is adjacent to the forest land and hence the forest authorities are unnecessary interfering with the possession of the petitioner.
4. Per contra, it is submitted on behalf of the learned brief holder that if the petitioner is claiming ownership of the land in question, then he should get his land demarcated so that forest land gets marked as separate land from that of the petitioner.
5. Having heard learned counsel for the parties and perused the record, we find merit in the submission advanced by the learned brief holder appearing for the State-respondents.
6. Hence, we direct the petitioner to approach appropriate forum under Section 67 of the U.P. Revenue Code, 2006 for the purposes of demarcation Versus Counsel for Petitioner(s) : Ajay Kumar Srivastava, Nawal Kishore Deo Counsel for Respondent(s) : C.S.C. Raj Kumar .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s)
of his land and we further provide that in the event petitioner moves miscellaneous application on a prescribed format under Section 24 of the U.P. Revenue Code, 2006, the concerned Revenue Authority may proceed to hold and conclude proceedings under U.P. Revenue Code, 2006 in accordance with law.
7. Subject to what has been observed and directed above, this petition is consigned to records. October 9, 2025 Shiv WRIC No. 30445 of 2025 2 (Swarupama Chaturvedi,J.) (Ajit Kumar,J.) Digitally signed by :- SHIV KUMAR SHARMA High Court of Judicature at Allahabad Digitally signed by :- SHIV KUMAR SHARMA High Court of Judicature at Allahabad