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2025 DAILYLAW 99811 (ALL)

JAI NARAYAN AND ANOTHER v. STATE OF U.P. AND 3 OTHERS

WRIC/33337/2025 · 2025-10-05

Rohit Ranjan Agarwal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 33337 of 2025 Court No. - 33 HON'BLE ROHIT RANJAN AGARWAL, J. 1. Petitioners, before this Court, claim that their house is constructed over Gata No.496, and not on Gata No.493 as claimed by revenue authorities. According to petitioners, no encroachment has been done on the land of Gaon Sabha, which is recorded as Gata No.493. Eviction order has been passed, which is confirmed in appeal. 2. After hearing counsel for the parties and perusing material on record, it is an admitted case that encroachment exists on Gata No.493, while Gata No.496 is abadi of the petitioners. 3. From perusal of the khatauni annexed along with writ petition, it is amply clear that Gata No.493 is recorded as Parikrama Marg. 4. No case for interference under Article 226 of the Constitution of India is made out. 5. Writ petition stands dismissed. 6. However, before demolishing the construction made over Gata No.493, revenue authorities are hereby directed to demarcate the house of the petitioners situated over Gata No.496 which is adjoining to Parikrama Marg, and if it is found that any construction is standing on Gata No.493, the same shall be removed forthwith. 7. Further, on demarcation, if it is found that no encroachment exists over Gata No.493 by the petitioners, the order of eviction shall not be carried out, and no damages shall be recovered from the petitioners. October 6, 2025 SK Goswami Versus Counsel for Petitioner(s) : Rateesh Singh, Shriprakash Yadav Counsel for Respondent(s) : C.S.C., Krishna Kant Singh (Rohit Ranjan Agarwal,J.) Jai Narayan And Another .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad