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2025 DAILYLAW 92956 (ALL)

SUBEDAR v. STATE OF U.P. AND 3 OTHERS

WRIC/31269/2025 · 2025-09-09

Rohit Ranjan Agarwal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 31269 of 2025 Court No. - 34 HON'BLE ROHIT RANJAN AGARWAL, J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for the State. 2. Petitioner, before this Court, claims that he has constructed his house on Gata No.429 and has not encroached upon Gata No.401 which is recorded as navin parti in the revenue records. According to petitioner, after coming out from his house, foot falls firstly on Gata No.401 which is navin parti. According to petitioner, no encroachment has been made over Gata No.401. 3. Learned Standing Counsel has vehemently opposed the writ petition and submitted that from perusal of judgment it appears that Gata No.401 is being used as sahan by the petitioner, and his house is constructed over Gata No.429. 4. Having heard learned counsel for the parties and perusing material on record, I find that once the case of the petitioner is that he is owner in possession over Gata No.429 and dispute is in regard to Gata No.401 which is adjoining land of the Gaon Sabha recorded as navin parti, the said gata needs to be demarcated from gata of petitioner. 5. As no useful purpose would be served in keeping the matter pending or calling for counter affidavit, writ petition is being disposed of requiring the revenue authorities to first demarcate Gata No.429 with Gata No.401 before eviction order is being carried out. Once, the land is demarcated and if it is found that any construction or encroachment is lying there over Versus Counsel for Petitioner(s) : Mamta Tiwari, Rajesh Yadav Counsel for Respondent(s) : Bhupendra Kumar Tripathi, C.S.C. Subedar .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) Gata No.401, the same shall be immediately removed. 6. With the aforesaid direction, writ petition stands disposed of. September 10, 2025 SK Goswami WRIC No. 31269 of 2025 2 (Rohit Ranjan Agarwal,J.) Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad