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2025 DAILYLAW 95119 (ALL)

SHYAMA @ SAMA DEVI v. STATE OF U.P. AND 6 OTHERS

WRIC/30813/2024 · 2025-05-13

J J Munir

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:79414 Court No. - 49 Case :- WRIT - C No. - 30813 of 2024 Petitioner :- Shyama alias Sama Devi Respondent :- State of U.P. and others Counsel for Petitioner :- Abhishek Counsel for Respondent :- Abhishek Kumar Yadav, Bhola Nath Yadav, Bhupendra Kumar Tripathi, C.S.C. Hon'ble J.J. Munir,J. 1. In compliance with the interim mandamus dated 02.05.2025, a compliance affidavit has been filed by the Sub-Divisional Magistrate, Tehsil Pandit Deen Dayal Upadhya Nagar, Chandauli along with Civil Misc. Application No. Nil of 2025 to take the compliance affidavit on record. The application is allowed and the affidavit is taken on record. Let the affidavit and the application both be numbered by the office. 2. In paragraph Nos. 7 and 8 of the affidavit, it is averred : 7. That, in compliance or above said order dated 09.05.2025 the said revenue team along with police force went to the spot on 10.05.2025 and informed the petitioner and the contesting opposite party regarding the re-installation of boundary stones to be present on the spot at the time of re-installation and thereafter in their presence as well as villagers of the village, the boundary stones of the petitioner's land have been reinstalled at their original place as per the demarcation order dated 31.03.2022. 8. That, at the time of said re-installation of demarcation process, the Tehsildar, Pt. Deen Dayal Upadhyaya Nagar himself present on the spot and after the said re-installation of stones, a spot memo has also been prepared and upon the same the petitioner, Kundan Yadav along with villagers have put their signature by expressing their satisfaction. Thereafter a photograph through G.P.S. has also been taken along with petitioner and Kundan Yadav and revenue team. For kind perusal of this Hon'ble Court photo copy of spot memo dated 10.05.2025 as well as photograph taken through G.P.S. are being filed herewith and marked as Annexure No. A-2 collectively to this affidavit. 3. Learned Counsel for the petitioner makes a statement before the Court that the boundary marks have been affixed to the petitioner's satisfaction in Plot No. 809, situate at Mauja Chandhasi, Pargana Ralhupur, Tehsil Pandit Deen Dayal Upadhyay Nagar (Mugal Sarai), Chandauli. 4. The interim mandamus dated 02.05.2025 is accordingly, modified and made absolute in the terms that the respondents shall be under a command to ensure that the boundary remarks are not removed by anyone acting privately, unless ordered otherwise. 5. This petition is disposed of in terms of the orders aforesaid. 6. Let Writ - B No. 3735 of 2023 be de-tagged from this petition. Order Date :- 14.5.2025 I. Batabyal (J.J. Munir) Judge Digitally signed by :- ISHAN BATABYAL High Court of Judicature at Allahabad