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Neutral Citation No. - 2025:AHC:133765-DB Court No. - 21 Case :- WRIT - C No. - 26512 of 2025 Petitioner :- Tabarak Ulla Khan Respondent :- State Of Up And 6 Others Counsel for Petitioner :- Mohammad Arshad Khan Counsel for Respondent :- C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J.
1. The following prayers have been made in the writ petition:-
"a) or writ, order Issue nature of respondents to direction in the directing Mandamus remove the the illegal road constructed over the Gata No. 890, 911 and 912 of Bhumidhari the land of the applicant situated in Kasba Shahajhapur Police Station Kithore, District Meerut. b) Issue writ, order or direction in the nature of Mandamus directing the respondents to decide and consider the representation dated 18.07.2025 of the applicant with regard to removing the illegal constructions of road over the own land of the applicant bearing the Gata No. 890, 911 and 912 of the Bhumidhari land of applicant Shahajhapur situated Police District Meerut. Station in Kasba Kithore, District Meerut."
2. The case of the petitioner is that he is Bhumidhar of Gata No. 890, 911 and 912 situated in Kasba Shahajhapur, Police Station Kithore, District Meerut. Respondent no. 5 and 7 are builders and for approaching their building site, they have constructed a road covering some part of the Bhumidhari land of the petitioner. In support of the submission, the petitioner places reliance on the report submitted by SDM, Mawana, Meerut dated 6.6.2025 to Varisth Prabhari Adhikari, Collectrate, Meerut.
3. The relief, thus, sought in the writ petition, is essentially against respondents no. 5 to 7, who are all private parties.
4. The report of SDM dated 6.6.2025 on record, prima-facie proves the case of the petitioner. Therefore, we leave it open to the petitioner to make appropriate application before the Revenue Authorities for demarcation of his holding and in case, it is found that any person has illegally occupied any part of the holding of the petitioner, respondent authority shall proceed in the manner provided under Section 24(2) of U.P. Revenue Code, 2006.
5. The petition stands disposed of accordingly. . (R.M.N. Mishra, J.) (Manoj Kumar Gupta, J.) Order Date :- 7.8.2025 Dhirendra/ Digitally signed by :- DHIRENDRA KUMAR High Court of Judicature at Allahabad