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2025 DAILYLAW 31996 (ALL)

JAYVEER SINGH AND ANOTHER v. STATE OF U.P. AND 3 OTHERS

WRIC/8301/2025 · 2025-03-20

Anish Kumar Gupta, Manoj Kumar Gupta

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:41808-DB HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No.18) Court No. - 21 Case :- WRIT - C No. - 8301 of 2025 Petitioner :- Jayveer Singh And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Bhanu Pratap Singh,Shad Azam,Sr. Advocate Counsel for Respondent :- C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. The prayers made in the instant petition are as follows: "(I) Issue a writ, order or direction in the nature of Mandamus directing Respondent authorities to conduct survey and measurement of the petitioners land Plot No. 1219, 1216, 1217, 1220 situated at Anupshahar District Bulandshahar and make the same encroachment free. (II) Issue a writ, order or direction in the nature of Mandamus directing Respondent authorities to compensation of land forcefully acquired for court and the university." 2. Sri Amrendranath Singh, learned Senior Counsel assisted by Sri Bhanu Pratap Singh appearing for the petitioners submits that the State had taken land of the petitioners without acquisition and had allotted the same to outlying court of Bulandshahr Judgeship and to J.P. University. As per paragraph '7' of the writ petition the same was allegedly done in the year, 2012. The instant petition is now being filed in the year, 2025. 3. Admittedly, the petitioners have filed an online application for demarcation under Section 24 of U.P. Revenue Code, 2006. The petitioners have failed to disclose the fate of the application. It is also not clear whether Rule 22 of the Rules formed under the U.P. Revenue Code prescribing the procedure for filing application under Section 24 has been complied with or not. 4. Moreover, neither the judgeship nor the University has been impleaded as party to the instant proceedings. Consequently, we abstain from entering into the issue and leave it open to the petitioners to press the application filed by them under Section 24 of the Act. 5. The petition is disposed of accordingly. 6. In case, in course of demarcation proceedings, it transpires that any part of the land of the petitioners has been taken over without acquisition, it shall be open to the petitioners to avail appropriate remedy. Order Date :- 21.3.2025 Shubham Arya (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad