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2025 DAILYLAW 67850 (ALL)

ZAMEER UDDIN v. STATE OF U.P. AND 4 OTHERS

WRIC/20127/2025 · 2025-07-06

Saurabh Dwivedi Registrar J Cpc, Y K Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:106267-DB Court No. - 39 Case :- WRIT - C No. - 20127 of 2025 Petitioner :- Zameer Uddin Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Anurag Shukla,Kumar Anubhav Counsel for Respondent :- C.S.C. Hon'ble Arindam Sinha,J. Hon'ble Dr. Yogendra Kumar Srivastava,J. 1. Mr. Kumar Anubhav Srivastava, learned advocate appears on behalf of petitioner and submits, his client is facing resistance in constructing boundary wall over his ancestral property. Respondent nos. 4 and 5 are wrongfully resisting. He draws attention to his client's complaint dated 3rd May, 2025 dispatched to the Commissioner of Police. He submits, thereafter his client also lodged complaint in the portal. He seeks interference. 2. Mr. D.K. Tiwari, learned advocate, Additional Chief Standing Counsel assisted by Mr. Raj Kumar Tiwari, learned advocate, Standing Counsel, appear on behalf of State. Mr. Tiwari submits, pursuant to complaint lodged in the portal, enquiry was made and the Gram Sabha has reported that petitioner is seeking to construct on its land. 3. We are not inclined to direct issuance of notice upon private respondent nos. 4 and 5. Since the Sub-Divisional Magistrate, upon considering report dated 15th April, 2025 of the Gram Sabha, has concluded that petitioner is constructing over its land, petitioner must first obtain demarcation of his ancestral property, either upon raising dispute on said report or otherwise. In event petitioner duly approaches for demarcation, concerned authority is to look into the issue and cause the demarcation within a reasonable time. 4. The writ petition is disposed of. Order Date :- 7.7.2025 Mohini (Arindam Sinha, J.) (Dr. Y.K. Srivastava, J.) Digitally signed by :- MOHINI RAI High Court of Judicature at Allahabad