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2025 DAILYLAW 71492 (ALL)

JANAK DULARI SHIVDUTT MAHAVIDYALAY, OSA, TEHSIL-MANJHANPUR v. STATE OF U.P. AND 3 OTHERS

WRIC/21078/2025 · 2025-07-07

Manoj Kumar Gupta, Ram Manohar Narayan Mishra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:107886-DB Court No. - 21 Case :- WRIT - C No. - 21078 of 2025 Petitioner :- Janak Dulari Shivdutt Mahavidyalay, Osa, Tehsil- Manjhanpur, Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Harish Chandra Counsel for Respondent :- C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. The petitioner is aggrieved by a notice dated 30.6.2025 issued by Nayab Tehsildar requiring the petitioner to vacate the land reserved as Charagah within three days, failing which, legal measures would be taken to remove the encroachments. 2. The State claims that the land in question is reserved as Charagah and so recorded in the revenue records. It lies adjacent to the land of the petitioner institution. The petitioner institution has occupied some part of the same. A demarcation exercise was carried out and the land of the petitioner was separated from the land of Chargah. The petitioner through its Chairman filed an application on 20.6.2025 for being granted sometime to remove the boundary wall of the institution so that the portion of land demarcated as Charagah is excluded from the premises of the college. However, the petitioner has failed to remove the boundary wall and consequently, notice was issued to him. 3. The case of the petitioner is that the demarcation exercise was held ex-parte and the land which the State claims to be that of Charagah infact belongs to the petitioner institution. 4. In our opinion, in case the petitioner is not satisfied with the demarcation exercise carried out by the respondents, it is open to the petitioner to move proper application for demarcation under Section 24 of U.P. Revenue Code, 2006 so that the land of the petitioner institution is duly demarcated. 5. Accordingly, we dispose of the instant petition with liberty to the petitioner to file appropriate application in this behalf. It is further provided that for a period of six weeks, the respondents would not carry out any demolition in pursuance to the impugned notice dated 30.6.2025. . (R.M.N. Mishra, J.) (Manoj Kumar Gupta, J.) Order Date :- 8.7.2025 Dhirendra/ Digitally signed by :- DHIRENDRA KUMAR High Court of Judicature at Allahabad