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2025 DAILYLAW 191633 (ALL)

SMT. MADHURI v. THE STATE OF U.P. AND 5 OTHERS

WRIC/35252/2025 · 2025-10-13

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 35252 of 2025 Court No. - 4 HON'BLE AJIT KUMAR, J. HON'BLE SWARUPAMA CHATURVEDI, J. 1. Heard learned counsel for the parties and perused the records. 2. It is argued by learned counsel for the petitioner that after the map has been sanctioned by the prescribed authority under the U.P. Urban Building Regulations Act, 1959, for raising construction hence police had no business to interfere in the matter upon a private complaint made by the another tenure holder, who claims to be his land falling in the area in respect of which map has been sanctioned by the authority. 3. In our considered view, once the statutory authority has sanctioned the map in respect of the plot in question defining area, no private complaint could have been entertained by the police. Proper course for action for the contesting private respondent was to apply for demarcation of boundaries of his land by moving appropriate application before the concerned revenue authority. 4. The revenue authority had also no right to pass any injunction order or any order in the nature of restraint order directing the police to take action instead of undertaking an exercise for demarcation of the boundaries of the complainant and if he was complaining that his land falling adjacent to that of the petitioner over-laped the boundaries of the petitioner. 5. In the circumstances, we direct the petitioner to approach the authority higher in rank to that of Sub-Divisional Magistrate namely District Versus Counsel for Petitioner(s) : Amit Kumar Singh, Aqueel Ahmad, Kripa Shankar Tiwari Counsel for Respondent(s) : C.S.C. Smt. Madhuri .....Petitioner(s) The State Of U.P. And 5 Others .....Respondent(s) Magistrate by moving appropriate application annexing therewith a copy of the map sanctioned by the prescribed authority to raise construction of his house over and above the plot in question, within a period of four weeks' from today and if he does so, the District Magistrate concerned shall pass appropriate order upon the application of the petitioner strictly in accordance with law within a further period of six weeks after hearing all the concerned and interested parties. 6. With the aforesaid observations and directions, this petition stands disposed of. October 14, 2025 Atmesh WRIC No. 35252 of 2025 2 (Swarupama Chaturvedi,J.) (Ajit Kumar,J.) Digitally signed by :- ATMESH KESARI High Court of Judicature at Allahabad Digitally signed by :- ATMESH KESARI High Court of Judicature at Allahabad