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2025 DAILYLAW 193227 (ALL)

RASTRA PRAKASH DHANGAR v. STATE OF U.P. AND 3 OTHERS

WRIC/34488/2025 · 2025-10-09

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 34488 of 2025 Court No. - 4 HON'BLE AJIT KUMAR, J. HON'BLE SWARUPAMA CHATURVEDI, J. 1. Heard Sri Yogendra Kumar Srivastava, learned counsel for the petitioner and learned Standing Counsel for the State respondents. 2. By means of this petition filed under Article 226 of the Constitution, petitioner has prayed for a direction to the respondent No.- 3 to carry out any demolition exercise in respect of the construction standing upon the land in question of which he is purchaser by means of a sale deed executed in his favour by original tenure holder. 3. Per contra, it is argued by learned Standing Counsel that southern side of the land faces the national highway and, therefore, it is claimed that petitioner has taken possession over and above the part of the land of national highway, upon which construction activity is to be carried out by the Public Works Department. He submits that if the petitioner is aggrieved, he should apply for necessary demarcation of the land so that his land is identified separately from the land of national highway authority. 4. Considering the facts and circumstances of the case and controversy as is sought to be raised in this petition, we consider it appropriate for the petitioner to apply for the demarcation of his land falling in Plot No.- 147 to the extent of 0.021 hectares by moving appropriate miscellaneous application before the concerned revenue authority under Section 24 of U.P. Revenue Code, 2006 and in the event he moves any such application as per the procedure prescribed under the relevant rules and also moves an application seeking direction to the respondent No.- 3 not to carry out any exercise of demolition, the concerned revenue authority shall consider the same and pass appropriate order during the pendency of demarcation proceedings. 5. It is further provided that in the event petitioner moves such application within a period of four weeks from today then the revenue authority shall Versus Counsel for Petitioner(s) : Yogendra Kumar Srivastava Counsel for Respondent(s) : C.S.C. Rastra Prakash Dhangar .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) dispose of the application for demarcation within a further period of two months, after giving full opportunity of hearing to all the interested and concerned parties. October 10, 2025 Atmesh WRIC No. 34488 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 Digitally signed by :- ATMESH KESARI High Court of Judicature at Allahabad