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2025 DAILYLAW 61699 (ALL)

RAMRAKSHA CHAURASIA v. STATE OF UTTAR PRADESH AND 5 OTHERS

WRIC/17125/2025 · 2025-05-26

Arun Kumar Singh Deshwal, Salil Kumar Rai

Transfer Petitionbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:90098-DB Court No. - 3 Case :- WRIT - C No. - 17125 of 2025 Petitioner :- Ramraksha Chaurasia Respondent :- State Of Uttar Pradesh And 5 Others Counsel for Petitioner :- Pradeep Kumar Chaurasia Counsel for Respondent :- C.S.C.,Sudhir Bharti Hon'ble Salil Kumar Rai,J. Hon'ble Arun Kumar Singh Deshwal,J. 1. Present petition has been filed, praying for following reliefs; i) Issue a writ, order, or direction in the nature of Mandamus, restraining Respondent No. 4, the Executive Officer, Nagar Panchayat Chaumukha, from undertaking or carrying out any construction activity, including the installation of a tubewell, over Arazi No. 1783, measuring 0.0850 hectares, belonging to the petitioner, and over Arazi No. 1782 recorded as 'Naveen Parti', both situated in Mauja Basantpur, Tehsil Campierganj, District Gorakhpur, U.P., till the final adjudication of Demarcation Case No. 7202505310404064, instituted under Section 24 of the U.P. Revenue Code, 2006, and presently pending before the Court of the Sub-Divisional Magistrate, Campierganj, District Maharajganj. ii). Issue a writ, order, or direction in the nature of Prohibition, restraining the Respondents Ist Set from raising any permanent structure or effecting any change in the nature and character of Arazi No. 1783, measuring 0.0850 hectares, belonging to the petitioner, and over Arazi No. 1782 recorded as 'Naveen Parti', both situated in Mauja Basantpur, Tehsil Campierganj, District Gorakhpur, U.P. during the pendency of the demarcation proceedings. iii). Issue a writ, order, or direction in the nature of Mandamus, directing the Respondents not to interfere with the Petitioner's lawful possession over Arazi No. 1783, and further commanding them to refrain from taking any coercive or illegal action in respect of Arazi Nos. 1783 and 1782. iv). Issue a writ, order, or direction in the nature of Mandamus, directing the respondent authorities (First Set) to refrain from interfering with the Petitioner's land and to ensure that no further illegal or unauthorized action is taken without adherence to due process of law. 2. As the proceedings regarding the boundary wall of Plot No.1783 which the petitioner's claim to be his Bhumidhari plot is under consideration of the Sub- Divisional Magistrate, Campiarganj, Gorakhpur in Case No. 7202505310404064, registered under Section 24 of the U.P. Revenue Code, 2006, we refrain from exercising the jurisdiction under Article 226 of the Constitution of India. However, the Sub-Divisional Magistrate, Campiarganj, District Gorakhpur is directed to make all endavours to decide the aforesaid proceedings registered under Section 24 of the U.P. Revenue Code, 2006 within a period of one month from the date a copy of this order is produced before him. 3. With the aforesaid direction, the petition is disposed of. Order Date :- 27.5.2025 A.Kr. Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad