HARE RAM SINGH v. DISTRICT MAGISTRATE, BALLIA AND 3 OTHERS
WRIC/25746/2025 · 2025-08-04
Prakash Padia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 82394 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 82394 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:131585 Court No. - 33 Case :- WRIT - C No. - 25746 of 2025 Petitioner :- Hare Ram Singh Respondent :- District Magistrate, Ballia And 3 Others Counsel for Petitioner :- Gaurav Gautam Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J.
1. Heard Shri Gaurav Gautam, learned counsel for the petitioner and learned Standing Counsel for the State-respondents. 2. The petitioner has preferred the present writ petition inter-alia with the following prayer:-
"i. Issue a writ, order or direction in the nature of mandamus directing the respondent no.1 to take appropriate action on the petitioner's application dated 23.09.2024 (Annexure No.1) as well as the report submitted therein by the respondent no.3 dated 11.11.2024 establishing encroachment on the land of the petitionre having Arazi No.2050 Area 0.1540 hectare of Village- Bairia, Tehsil- Bairia, District- Ballia. ii. Issue a writ, order or direction in the nature of mandamus directing the respondent no.1 to provide peaceful possession of the land bearing Arazi No.2050 Area 0.1540 hectare of Village- Bairia, Tehsil- Bairia, District- Ballia free from all encumbrances in favour of the petitioner."
3. Facts in brief as contained in the writ petition are that the petitioner is agriculturist by profession and obtained agricultural land vide sale deed dated 25.08.2020 from one Shri Yugal Kishor and Devendra Kumar sons of Shri Mahendra, Bhrigunath and Ramesh sons of Radha, Barmeshwar son of Kuber, Shiv Kumar son of Gulab, Kishuni Devi, wife of Kamta Prasad, Vijay Shankar son of Kamta Prasad, R/o- Bhuwal Chhapra Chowk City, Ballia, Ram Dulari Devi wife of Kedar nath, Rajeev Gupta, Dheeraj Kumar and Sanjay Kumar sons of Late Kedar nath, Urmila Devi wife of Late Suresh Prasad, Sunil Kumar and Sudhir Kumar sons of Late Suresh Prasad, R/o- Chowk Station Road, District- Ballia and the sale deed was executed in favour of the petitioner on 25.08.2020. 4. Pursuant to the aforesaid, the petitioner submitted an application under Section 34 of the U.P. Revenue Code, 2006 before the authorities by which an order dated 05.01.2023 passed under Section 34 of U.P. Revenue Code, 2006 by which the name of the petitioner was duly entertained in the revenue record. 5. It is argued that wholly illegally the certain persons are trying to interfere in the
peaceful possession of the petitioner.
Hence he submitted an application dated 04.02.2023 before the authorities, copy of which is appended as Annexure-4 to the writ petition. Pursuant to the direction passed by the respondent no. 3, all the authorities has submitted their reports in favour of the petitioner. 6. It is argued that inspite of the aforesaid wholly illegally certain persons had encroached the land belonging to the petitioner but till date no final decision has been taken, hence the present writ petition. 7. On the other hand, it is argued by the learned Standing Counsel that in case the petitioner submit a fresh representation ventilating all his grievances annexing all the papers and documents, reliance of which has been made by him in the present writ petition before the respondent no. 1, he will look into the matter and pass appropriate order on the same. 8. In the facts and circumstances of the case, the present writ petition is disposed of finally permitting the petitioner to move a fresh representation ventilating all his grievances annexing all the relevant papers and documents, reliance of which has been made in the present writ petition before the respondent no.1 namely District Magistrate, Ballia within a period of three weeks from today along-with certified copy of this order. In case any such representation is filed by the petitioner before the respondent no.1 within the time indicated hereinabove, he is directed to do the needful in the matter as per procedure prescribed in law most expeditiously and preferably within a period of six weeks from the date of filing of such representation by the petitioner before him. Order Date :- 5.8.2025 Swati Digitally signed by :- SWATI PATHAK High Court of Judicature at Allahabad Digitally signed by :- SWATI PATHAK High Court of Judicature at Allahabad