KAYOOM v. STATE OF U.P. THRU. SECY. REVENUE LKO. AND 5 OTHERS
WRIC/10079/2025 · 2025-10-17
Amitabh Kumar Rai, Sangeeta Chandra
body2025
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[ 2025 DAILYLAW 202367 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 202367 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 10079 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 Sri Sandeep Singh, learned Counsel representing the State Respondent nos.1, 2, 3, 5 and 6. 2. This petition has been filed with the following main prayer:-
"To issue a writ, order or direction in the nature of Mandamus commanding the Opposite Parties, particularly the Opposite Party No. 4, 5 & 6, to remove and demolish illegal encroachment on Gata No.-3056, Nagar Panchayat, Katra Bazar, District-Gonda recorded as public well and land in the revenue records. To issue a writ, order or direction in the nature of Mandamus commanding the Opposite Parties, particularly the Opposite Party No. 4, 5 & 6, to comply with the order dated 24.03.2025 passed by the Opposite Party No. 3 for removal of illegal encroachment on Gata No.-3056, Nagar Panchayat, Katra Bazar, District-Gonda recorded as public well and land in the revenue records."
3. This matter was earlier fixed for today only because the name of Shri Anil Kumar Tripathi, Advocate, was not shown in the cause list. Versus Counsel for Petitioner(s) : Vinay Kumar Tiwari Counsel for Respondent(s) : C.S.C., Anil Kumar Tripathi Kayoom .....Petitioner(s) State Of U.P. Thru. Secy. Revenue Lko. And 5 Others .....Respondent(s)
4. Today, when the matter was taken up, Shri Anil Kumar Tripathi, Advocate, representing the Nagar Panchayat Katra Bazar, Gonda, is not present. However, we have gone through the contents of the Writ Petition. 5. From a perusal of the contents of the Writ Petition as well as annexure nos.4 & 5 to the Writ Petition, it is evident that a Well (Kuan) situated in Ward No. 13, Rastogi Tola (II), Tehsil Colonelganj, District Gonda, has been recorded in the revenue records as being situated over plot no. 3056, Nagar Panchayat, Katra Bazar, Gonda. Some private persons are raising construction over the Well. The petitioner had complained to the Executive Officer, Nagar Panchayat, Katra Bazar, Gonda, on which notice was issued to the private persons on 08.04.2025. The Sub- Divisional Magistrate also issued certain directions to the Executive Officer, Katra Bazar, Gonda, but no further steps have been taken in the matter. 6.
This petition is disposed of with the direction to the Executive Officer, Nagar Panchayat, Katra Bazar, Gonda, to give opportunity of hearing to Abdul Kayoom S/o Mohammad Safi R/o Ward No.13, Rastogi Tola (II), Katra Bazar, Gonda and Anup Kumar S/o Gopinath, R/o Ward No.14, Mohalla Pathan Tola, Nagar Panchayat, Katra, Gonda, as is admissible under the Rules, and take appropriate action within a period of two months from the date a copy of this order is produced before him. October 17, 2025 Rahul WRIC No. 10079 of 2025 2 (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- RAHUL TRIPATHI High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAHUL TRIPATHI High Court of Judicature at Allahabad, Lucknow Bench