Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 31332 of 2025 Court No. - 21 HON'BLE MANOJ KUMAR GUPTA, J.
HON'BLE ARUN KUMAR, J.
1. The instant petition has been filed praying for a writ of mandamus commanding respondent no. 2, i.e. District Forest Officer and Wildlife Custodian Conservator, Kaimur Sonbhadra/Settlement Officer Forest, District Sonbhadra, to release 3 bigha 3 biswa of Gata No. 401-kha, in favour of the petitioner, in pursuance of demarcation proceedings dated
19.1.2025.
2. It appears that Gata No. 401 is partially recorded in the name of the petitioner and partially it belongs to the Forest Department. It also appears that certain demarcation exercise was conducted on 19.1.2025 and the report thereof has been brought on record as Annexure-3. It reveals that the Forest Department has objected to the manner in which demarcation was conducted and has not singed the report.
3. Learned Standing Counsel has placed on record the instructions received from SDM, Ghorawal, Sonbhadra and Tehsildar, Ghorawal, Sonbhadra. The stand taken therein is that although certain part of Gata No. 401 is recorded in the name of the petitioner, but it is minjumla number and the petitioner is also not in actual physical possession. The petitioner can avail the remedy provided under Section 30(2) of U.P. Versus Counsel for Petitioner(s) : Ratnesh Kumar Tiwari Counsel for Respondent(s) : C.S.C., Pradeep Singh Rahul Kumar Singh .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s)
Revenue Code, 2006 for getting the holding divided physically.
4. As the demarcation is not acceptable to the Forest Department, therefore, the petitioner has remedy under U.P. Revenue Code, 2006 to get the holding divided physically.
5. Accordingly, we dispose of the instant petition with liberty to the petitioner to avail appropriate remedy. September 17, 2025 Jaideep/- WRIC No. 31332 of 2025 2 (Arun Kumar,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- JAIDEEP BANERJEE High Court of Judicature at Allahabad