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2025 DAILYLAW 95612 (ALL)

SAMASUDDIN v. STATE OF UTTAR PRADESH AND 3 OTHERS

WRIC/32122/2025 · 2025-09-14

Rohit Ranjan Agarwal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 32122 of 2025 Court No. - 34 HON'BLE ROHIT RANJAN AGARWAL, J. 1. It is contended by the learned counsel for the petitioner that the house of the petitioner has been constructed over Gata No. 113 while the proceedings for eviction has been passed in respect of Khasra No. 112M which is recorded as a 'pond' in the revenue record. Both the revenue authorities have recorded concurrent finding of the said fact. 2. I have heard the counsel for the petitioner as well as learned Standing Counsel for the State. 3. From perusal of the material on record, it transpires that RC Form 19 was issued in respect of Khasra No. 112M which has been recorded as a 'pond' over which it has been alleged that the petitioner has encroached upon 54 square meters of land and has constructed a house. On the contrary, the petitioner claims that his house is constructed over Gata No. 113 and not on Khasra No. 112M. He has relied upon the gharauni issued by the revenue authorities demonstrating the fact that he is the owner in possession of Gata No. 113. No ground has been taken in the appeal that the house exists over Gata No. 113. 4. After perusing the material on record, I find that no interference is required in the order impugned. The writ petition fails and is hereby dismissed. However, before carrying out the eviction proceedings, the revenue authorities shall ascertain that in case the house exists over Gata No. 113 as claimed by the petitioner then it shall not be demolished and only in case if the encroachment of Khasra No. 112M has been made by Versus Counsel for Petitioner(s) : Ashok Kumar Tripathi, Vinod Kumar Tirpathi Counsel for Respondent(s) : C.S.C. Samasuddin .....Petitioner(s) State Of Uttar Pradesh And 3 Others .....Respondent(s) the petitioner which is recorded in the revenue records as a 'pond' then only the eviction proceedings shall be carried out. September 15, 2025 A. V. Singh WRIC No. 32122 of 2025 2 (Rohit Ranjan Agarwal,J.) Digitally signed by :- AJAY VIKRAM SINGH High Court of Judicature at Allahabad