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2025 DAILYLAW 38442 (ALL)

PREMVIJAY SINGH YADAV v. STATE OF U.P. AND 4 OTHERS

WRIC/10281/2025 · 2025-04-07

Anish Kumar Gupta, Manoj Kumar Gupta

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:50501-DB Court No. - 21 Case :- WRIT - C No. - 10281 of 2025 Petitioner :- Premvijay Singh Yadav Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Himanshu Bansal,Shivam Yadav Counsel for Respondent :- C.S.C.,Nagesh Kumar Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. Heard learned counsel for the petitioner, learned counsel for the State-respondents and Shri Nagesh Kumar, learned counsel for respondent no.3. 2. It appears that an application under Section 24 has been filed by the petitioner for demarcation of Khasra no.336/1028, Village- Budha, Tehsil and District- Jhansi. It also appears that in respect of the said land, a civil suit is pending between the petitioner and the respondents for permanent prohibitory injunction. 3. A report was submitted by Revenue Inspector that the Development Authority has apprised him of the fact that the land of which demarcation has been sought is proposed to be purchased by the Development Authority for a residential scheme. Therefore, the demarcation proceedings should be kept in abeyance. The report of the Property Officer, Jhansi Development Authority, Jhansi addressed to Tehsildar, Jhansi dated 24.02.2025 to the above effect has also been filed in which request was made to stop the demarcation proceedings. 4. Learned counsel for the petitioner on query made by the court as to whether any order has been passed by SDM deferring the demarcation proceedings on basis of the said report admits that so far no such order has been passed. 5. As only relief no.2, which is for a direction to the respondent- State and the Development Authority to initiate the process of acquisition or in the alternative not to create any hindrance in the demarcation proceedings, is being pressed, therefore, we permit the petitioner to press his application for demarcation. The SDM before whom the proceedings are pending will take decision on the report of Revenue Inspector within four weeks of the submission of the instant order. 6. As the petitioner has already instituted suit against the respondents, therefore, we refrain from issuing any direction in respect of the prayer to obtain title in the subject land from the petitioner through acquisition or mutual negotiations. 7. The petition stands disposed of with the aforesaid direction and observation. 8. The instant order will not come in the way of the State or the Development Authority in initiating acquisition proceedings or purchasing the land from the title holders. (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Order Date :- 8.4.2025 Ankit. Digitally signed by :- ANKIT VISHWAKARMA High Court of Judicature at Allahabad