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2025 DAILYLAW 195307 (ALL)

PRITHVI PAL SINGH v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME AFFAIRS AND 3 OTHERS

WRIC/12035/2025 · 2025-12-10

Amitabh Kumar Rai, Sangeeta Chandra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 12035 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE AMITABH KUMAR RAI, J. 1. We have heard learned counsel for the petitioner, learned Standing Counsel for the State Respondent and Sri Dilip Kumar Pandey, learned counsel for the opposite party no. 5. 2. This writ petition has been filed with the following main prayers:- "A. Issue a writ, order or direction in the nature of mandamus commanding the opposite party No. 2 and 3 to take appropriate action against the opposite party No.4. B. Issue a writ, order or direction in the nature of mandamus commanding the opposite parties to remove the kaccha marga (chakroad) from the land of Minjumal, Gata No. 618, situated in Village Pargana Devpuri (Bachhrawan), Tehsil Maharajganj, District Raebareli. C. Issue a writ, order or direction in the nature of mandamus commanding the opposite party No.2 and 3 to decide Pending representation dated 27.10.2025 as annexed as Annexure No.5 and 6 to this Writ petition." 3. It has been submitted by learned counsel for the petitioner that the Gram Pradhan is constructing a road over the land of the petitioner. He has already constructed a Kacha Marg through Gata No. 618 situated in Village Pargana Devpuri (Bachhrawan), Tehsil Maharajganj, District Versus Counsel for Petitioner(s) : Abhay Kumar Ojha Counsel for Respondent(s) : C.S.C., Dilip Kumar Pandey Prithvi Pal Singh .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Affairs And 3 Others .....Respondent(s) Raebareli. The petitioner submitted a complaint on the I.G.R.S. Portal on 02.02.2024. A report has been submitted thereon by the Sub-Divisional Magistrate, Maharajganj to the District Magistrate Raebareli, a copy of which has been filed as annexure to the writ petition. 4. Learned counsel for the petitioner has pointed out page 19 of the paper book. 5. We are gone through the page 19 of the paperbook and we find that the Gata No. 618 is a Minjumla Gata without actual physical partition over the same. Some part of such gata is recorded in the Khata of Sharda Nahar and on some part of such gata an old Kacha Marg is situated. The petitioner is a recorded tenure holder of Gata No. 618 Minjumla/0.079 hectare. 6. Since Gata No. 618 has not been actually physically partitioned at any point of time and no specific separate numbers have been given to various owners in possession on such parts of Gata No. 618, we direct the petitioner to make an application under Section 30(2) of the U.P. Revenue Code within a week, in the prescribed format as per the procedure prescribed under the Rule, to the Competent Authority. If such an application is moved, after hearing all concerned, an appropriate order shall be passed by the Sub-Divisional Magistrate concerned within a period of three months, thereafter. 7. This writ petition is disposed of, accordingly. December 10, 2025 Darpan Sharma WRIC No. 12035 of 2025 2 (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- DARPAN SHARMA High Court of Judicature at Allahabad, Lucknow Bench