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2025 DAILYLAW 20589 (ALL)

RANI DEVI v. STATE OF U.P. AND 5 OTHERS

WRIC/5021/2025 · 2025-03-23

Kshitij Shailendra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:42306 Court No. - 44 Case :- WRIT - C No. - 5021 of 2025 Petitioner :- Rani Devi Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Girja Shankar Prajapati Counsel for Respondent :- Azad Rai,C.S.C. Hon'ble Kshitij Shailendra,J. 1. Heard learned counsel for the petitioner, learned Standing Counsel for respondent Nos.1 to 3 and Shri Azad Rai, learned counsel for the respondent No.4. 2. The grievance of the petitioner is that she was granted patta in the year 2007 and raised constructions over the land, however, recently the Village Pradhan and the Lekhpal are attempting to dispossess the petitioner and raise constructions to the detriment of her interest. Prayers with regard to protecting the possession of the petitioner have been made. 3. The Court finds that placing reliance upon patta granted 18 years ago, involve factual analysis and examination, for which, the petitioner has moved representation before the Sub Divisional Officer dated 04.02.2025 sent through registered post. 4. The officer is under obligation to look into the grievance and take appropriate steps in accordance with law. If the petitioner's contention with regard to grant of patta, raising of constructions on the spot allotted to her and other necessary compliance on her part are found to exist on the spot, the Sub Divisional Officer shall ensure that said rights are protected. However, this Court has not expressed any opinion on the merits of the issue as the matter has to be decided by the Sub Divisional Officer. 5. The writ petition is, accordingly, disposed off directing the respondent No.3-Sub Divisional Officer, Manjhanpur, District Kaushambi to act in accordance with the directions issued in this order and after looking factual aspects including necessary approval to patta, if at all, it was required under the law, without any delay as soon as a true attested copy of this order is filed before him. Order Date :- 24.3.2025 Jyotsana Digitally signed by :- JYOTSANA SINGH High Court of Judicature at Allahabad