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2025 DAILYLAW 99265 (ALL)

SHAMSUL HASAN v. STATE OF U.P. AND 4 OTHERS

WRIC/33234/2025 · 2025-10-05

Rohit Ranjan Agarwal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 33234 of 2025 Court No. - 33 HON'BLE ROHIT RANJAN AGARWAL, J. 1. This writ petition has been filed with the following prayers:- "(1) Issue a suitable writ, order or direction in the nature of certiorari quashing the impugned order dated 03.09.2025 passed by the Up- Ziladhikari, Dadri, Gautam Buddh Nagar (Annexure No.5 to the writ petition). (ii) Issue a suitable writ, order or direction in the nature of mandamus commanding the respondents not to give effect to the impugned order of the Up-Ziladhikari, Dadri, Gautam Buddh Nagar and to stay all further proceedings consequent thereupon during the pendency of the writ petition. (iii) Issue, a suitable writ, order or direction in the nature of mandamus commanding the respondents to demarcate the boundary of Plot No. 1747 area 0.2660 hectare and Plot No.1748 area 630 square meters situate at Village Jarcha, Pargana and Tehsil Dadri, District Gautam Buddh Nagar by registering a quasi-judicial proceeding provided under Section 24 of the U.P. Revenue Code, 2006 in accordance with law and till the demarcation is done and attainment of finality to that effect, the petitioner be not dispossessed of his peaceful possession over Plot No.1747 area 341 square yards." 2. It is contended by Sri H.N. Singh, learned Senior Counsel that the construction made by the petitioner has been demolished on a complaint made by one Amar Pal Singh. According to him, no demarcation of the land in question has been made and the petitioner had tried to file an application under Section 24 of U.P. Revenue Code, 2006 which has not been Versus Counsel for Petitioner(s) : Sandeep Mishra, Sr. Advocate, Vineet Kumar Singh Counsel for Respondent(s) : C.S.C. Shamsul Hasan .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) entertained by the authorities. 3. As no useful purpose would be served in keeping the matter pending, the writ petition is being disposed of, at the admission stage, without calling for counter affidavit, requiring the Sub Divisional Magistrate, Tehsil- Dadri, District- Gautam Budh Nagar to entertain the application filed under Section 24 of U.P. Revenue Code, 2006 by the petitioner, in case, it is moved within a week from the date of production of certified copy of this order. 4. In case, the said application is moved within the aforesaid period, the same shall be entertained and dealt with strictly in accordance with law by the revenue authorities, within next two months. 5. With the aforesaid observations, writ petition stands disposed of. October 6, 2025 SK Goswami WRIC No. 33234 of 2025 2 (Rohit Ranjan Agarwal,J.) Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad