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2025 DAILYLAW 63854 (ALL)

ISHPAL SINGH v. STATE OF UP AND 4 OTHERS

WRIC/18622/2025 · 2025-09-21

Amitabh Kumar Rai, Saral Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 18622 of 2025 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J. HON'BLE AMITABH KUMAR RAI, J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for the respondents. 2. The petitioner by mean of the present writ petition has prayed for the following order:- "(i) issue a writ, order or direction in the nature of mandamus directing to respondent nos. 3 & 4 to provide the compensation/damages amount to the petitioner regarding the illegal demolition residential (ancestral) house and boundary-wall of the petitioner in Gata No.267 situated in Gram Sabha Nagla Beech, Pargana & Tehsil- Aliganj, District Etah. (ii) issue a writ, order or direction in the nature of mandamus directing the respondent No.2 to decide the representation dated 26.04.2025 within the stipulated period of time as may be fixed by this Hon'ble Court. (iii) issue a writ, order or direction in the nature of mandamus directing the respondent No.3 to demarcate the Bhumidhari Gata No.267 area 0.3070 which is situated at Village Nagla Beech Mazra, Jirauliya, Tehsil-Aliganj, District Etah. (iv) issue a writ, order or direction in the nature of mandamus directing the respondents not to interfere in peaceful possession of the petitioner in Gata No.267 situated in Gram Sabha Nagla Beech, Pargana & Tehsil-Aliganj, District Etah. (v) issue a suitable writ, order or direction as this Hon'ble Court may deem fit and proper under the facts and circumstances of the case. (vi) award costs the writ petition to the petitioner." 3. This Court on 10.09.2025 passed the following order:- Versus Counsel for Petitioner(s) : Brijesh Pratap Mishra, Gaurav Chauhan Counsel for Respondent(s) : C.S.C., Krishna Kant Singh Ishpal Singh .....Petitioner(s) State Of Up And 4 Others .....Respondent(s) "Sri Rajesh Kumar Pal, learned Standing Counsel prays for and is granted 10 days' time to seek instructions in the matter. In case, the instructions are not supplied by the next date fixed, the respondent no.2- District Magistrate, District Etah shall remain present before the Court along with the record to assist the Court. Put up as fresh on 22.09.2025." 4. Sri Rajesh Kumar Pal, learned Standing Counsel on instructions, which is taken on record, states that the petitioner is owner of an area 0.307 hectare of Gata No.267. He further submits that the petitioner has encroached upon 0.089 hectare of Gata No.270 whch is recorded a Chak Marg. Accordingly, proceeding under Section 67 of U.P. Revenue Code, 2006 has been initiated against the petitioner, registered as Case No.T202118210503250 in which an order has been passed on 02.09.2024 in respect to Gata No.270 recorded as Chak Marg, and penalty of Rs.3010/- was also imposed upon the petitioner, and since the petitioner did not prefer any appeal against the order dated 02.09.2024, therefore, in compliance of order passed under Section 67 of U.P. Revenue Code, 2006, the petitioner's construction has been demolished. 5. In such view of the fact, we find that the procedure contemplated under law has been adopted by the respondents before proceeding to demolish the encroachment made by the petitioner, therefore, we do not find any good ground to interfere with the writ petition. 6. Consequently, the writ petition is dismissed with no order as to costs. September 22, 2025 NS WRIC No. 18622 of 2025 2 (Amitabh Kumar Rai,J.) (Saral Srivastava,J.) Digitally signed by :- NITIN KUMAR High Court of Judicature at Allahabad