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2025 DAILYLAW 95191 (ALL)

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

WRIC/31929/2025 · 2025-09-11

Rohit Ranjan Agarwal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 31929 of 2025 Court No. - 34 HON'BLE ROHIT RANJAN AGARWAL, J. 1. Petitioner before this Court claims that he has constructed a house on a vacant land which is adjoining the chak marg, which is recorded in revenue records as public way being Gata No. 591. According to petitioner as the land was lying vacant he had constructed his house and is living for a long time. 2. Learned Standing Counsel has opposed the writ petition and submitted that the land in question belongs to the Gaon Sabha and petitioner has encroached upon the said land and had made construction over the same. Notice was issued and after inviting objections order for eviction has been passed and damages has been imposed. The order of eviction has been upheld in appeal. 3. Having heard learned counsel for the parties and perusing the material on record, this Court finds that it is an admitted case that Gata No. 591, in the revenue records, has been recorded as public way and petitioner has nowhere claimed that the land in question to be in his possession and only has relied upon the fact that the land in question was lying vacant and, as such, he had made construction over the said land. Once petitioner has not claimed any ownership over the land in dispute and only claimed that the said land was lying vacant Versus Counsel for Petitioner(s) : Ajai Singh Patel Counsel for Respondent(s) : C.S.C., Sudhir Bharti Bunela .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) and, as such, he had made construction. The land in question belongs to Gaon Sabha and recorded as public way in the revenue records for which eviction proceedings have rightly been initiated by the authorities concerned. 4. No case for interference is made out. Writ petition is dismissed, accordingly. September 12, 2025 Shekhar WRIC No. 31929 of 2025 2 (Rohit Ranjan Agarwal,J.) Digitally signed by :- SHASHI SHEKHAR PANDEY High Court of Judicature at Allahabad