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2025 DAILYLAW 5882 (ALL)

CHAMAN AND 3 OTHERS v. STATE OF U.P. AND 18 OTHERS

WRIC/835/2025 · 2025-02-27

Ashwani Kumar Mishra, Donadi Ramesh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:28690-DB Court No. - 29 Case :- WRIT - C No. - 835 of 2025 Petitioner :- Chaman And 3 Others Respondent :- State Of U.P. And 18 Others Counsel for Petitioner :- Raghav Arora Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. This petition has been filed with the grievance that though petitioners are owner in possession of plot no.19 but on account of influence exercised by the private respondents the authorities of State have demolished the constructions during night hours. Taking note of such contention we passed following orders:- "Learned Standing Counsel prays for and is allowed a week's further time to comply with the order dated 15.1.2025. Post as fresh, once again, on 5.2.2025." Learned Standing counsel has obtained instructions which are taken on record. Copy of instructions is also given to learned counsel for the petitioners. As per the instructions there is a dispute with regard to boundary of plot no.19 and 20. Plot no.19 belongs to State and is recorded as naveen parti while plot no.20 belongs to petitioners. According to respondents the petitioners in the garb of construction on plot no.20 was actually carrying out constructions over plot no.19 which alone has been stopped. The instructions further state that the authorities have acted on a complaint of the village Pradhan and the allegations that such action is on the strength of persuasion by private respondents is factually incorrect. From the materials placed on record we find that there is a boundary dispute with regard to demarcation of plot no.19 viz-a- viz plot no.20. Such dispute cannot be determined in the present proceedings. In such circumstances we direct the concerned Sub- Divisional Magistrate to constitute a revenue team and get the plots demarcated on spot, after notice to the petitioners. After such demarcation is carried out the parties would be allowed to proceed in respect of their property, in accordance with law. If any person otherwise feels aggrieved the remedy would be either to pursue proceedings under the U.P. Revenue Code, 2006 or to approach the competent civil court. The demarcation exercise would be got undertaken within a period of four weeks, from the date of presentation of a certified copy of this order. Till the demarcation, in terms of the above direction, is carried out status quo as it exist today shall be maintained by the parties. In the event it is found that any of the constructions raised by the petitioners on their own land has been demolished it will be open for the petitioners to claim damages before the competent civil court. With the above observation/direction, the writ petition stands disposed of. Order Date :- 28.2.2025 RA Digitally signed by :- RAZIQ ALI High Court of Judicature at Allahabad