Disposed

Prashant Kumar Gupta and 3 Others v. State of U.P. and 2 Others

Allahabad HC9 Aug 2021WRIC/7236/2021

Case brief

AI extract

What is this about?

This writ petition challenged the respondents' occupation of a specific land plot. The Court held that examining the claim of rights in a minjumla plot having multiple entries in various khata books is not appropriate in writ jurisdiction. The petition was disposed of, directing the petitioner to seek demarcation first.

What did the court decide?

Petition dismissed; prayed for directions to consider objection regarding plot ownership granted no relief after disposal.

Prashant Kumar Gupta and 3 Others Vs State of U.P. and… — Property and Title | Allahabad HC (2021)

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Court No. - 40

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Case :- WRIT - C No. - 7236 of 2021

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Petitioner :- Prashant Kumar Gupta And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sanjay Singh Sengar Counsel for Respondent :- C.S.C.

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Hon'ble Manoj Misra,J. Hon'ble Jayant Banerji,J.

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Heard learned counsel for the petitioners; the learned Standing Counsel for the respondents 1, 2 and 3; and perused the record.

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The prayer in this petition is for a direction upon the respondents to consider the objection of the petitioners in respect of plot no. 609.

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According to the petitioners, Babu Lal was recorded as Bhumidhar of plot no. 609 area 0.2190. He instituted a case for declaration of the land as Abadi under Section 143 of the U.P.Z.A. & L.R. Act whereafter declaration was made on 18.03.2015. Following the declaration, on 20.03.2015 Babu Lal executed sale-deed in favour of the petitioners.

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The grievance of the petitioners is that the respondents are illegally seeking to occupy the land and use it for Government Girls Degree College.

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On 13.07.2021, the Court required the learned Standing Counsel to obtain written instructions in the matter.

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Pursuant to the aforesaid order, written instructions have been provided by the Up Zila Adhikari, Mahoba as per which plot no. 609 is minjumla plot recorded in multiple khatas. In Khata no. 605, plot no. 609/1 @ 0.609 Hectare is recorded as Forest/District Office and Abadi; in Khata no. 248, plot no. 609 @ 0.214 Hectare is recorded in the name of Babu Lal as Bhumidhar; in Khata no. 162, plot no. 609 Mi @ 0.166 Hectare is recorded in the name of Baijnath and Kamta Prasad; in Khata No. 350, plot no. 609 Mi @ 0.166 Hectare Ramesh Chandra is recorded as Bhumidhar; in Khata No. 514, plot no. 609 Mi @ 0.405 as Forest and in Khata no. 577, plot no. 609 Mi @ 0.550 Hectare is recorded as Banjar. It is stated that land in khata no. 577 of plot no. 609 Mi @ 0.550 has been earmarked for Girls Degree College.

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Thus, according to the instructions, the land that is earmarked to be utilized for public purpose is State land and not of the petitioners.

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In view of the above, as plot no. 609 is a minjumla plot having entries in various khata, if the petitioners still have grievance the appropriate course for them is to seek for demarcation of their area in the said plot. In case, thereafter, the petitioners have any grievance, they can take recourse to other appropriate legal remedies, as may be advised. But, since the land is a minjumla plot wherein various persons have interest, examining the claim of the

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petitioners in writ jurisdiction would not be appropriate.

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Subject to above, this petition is disposed off.

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Written instructions provided by the learned Standing Counsel shall be retained on record.

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Order Date :- 9.8.2021 Sunil Kr Tiwari

Prashant Kumar Gupta and 3 Others v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Prashant Kumar Gupta and 3 Others v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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