Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 31273 of 2025 Court No. - 34 HON'BLE ROHIT RANJAN AGARWAL, J.
1. This writ petition has been filed with the following prayers:-
"(1)- Issue a writ order or direction in the nature of mandamus commanding the respondents/ Authority concerned specially the respondent No. 2 and 3 to take just and appropriate action against the private respondents for removal of illegal encroachment from the land of the petitioner bearing Gata No. 392 area about 0.091 Hectare, as well as reserved land of circular road bearing Gata No. 390 area about 0.0650 hectare situated at Mauja Nati, Pargana, Mahul, Tehsil-Phoolpur, District- Azamgarh, within some stipulated time frame as fixed by this Hon'ble Court in the facts and circumstances of the case. (11)- issue a writ order or direction in the nature of mandamus commanding and directing the authorities to make the inquiry and take appropriate action against the encroachers, otherwise the petitioner shall suffer irreparable loss and injury."
2. Petitioner claims that proceedings under Section 24 of U.P. Revenue Code, 2006 were finalized and the land was demarcated and boundary marks were fixed, but the private respondents no.6 and 7 had removed the boundary mark and have encroached upon the area of the petitioner, which was demarcated.
3. This Court finds that the petitioner has a remedy of moving an application and for restoration of the boundary mark under Section 22/23 Versus Counsel for Petitioner(s) : Chandra Bhushan Prasad, Ram Chandra Srivastava Counsel for Respondent(s) : C.S.C. Mahendra .....Petitioner(s) State Of U.P. And 6 Others .....Respondent(s)
of U.P. Revenue Code, 2006 before revenue authorities. Further, if any encroachment has been made by the private respondents, petitioner may file an application under Section 134 of U.P. Revenue Code, 2006.
4. Writ petition filed seeking direction to decide the representation is not maintainable as there is no provision under the U.P. Revenue Code, 2006 for making any representation. Statutory provisions are contained in Section 22/23 as well as 134 of U.P. Revenue Code, 2006 for redressal of the grievance.
5. Writ petition is misconceived and stands dismissed. September 10, 2025 SK Goswami WRIC No. 31273 of 2025 2 (Rohit Ranjan Agarwal,J.) Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad