Disposed

Ghurahu Prajapati v. State of Up and 4 Others

Allahabad HC2 Aug 2024WRIC/23985/2024

Case brief

AI extract

What is this about?

The Court disposed of a writ petition regarding road construction over the petitioner's land. It ruled that the dispute could be resolved only after due demarcation of land boundaries under Section 24 of U.P. Revenue Code, 2006, granting liberty to file an application before the Sub Divisional Officer within two weeks.

What did the court decide?

Petitioner granted liberty to file an appropriate application for demarcation before the Sub Divisional Officer within two weeks; to be decided within three months.

Ghurahu Prajapati vs State of Up and 4 Others — Land Acquisition | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC:125016

¶2

Court No. - 34

¶3

Case :- WRIT - C No. - 23985 of 2024

¶4

Petitioner :- Ghurahu Prajapati Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Prem Shankar Sharma Counsel for Respondent :- Bhupendra Kumar Tripathi,C.S.C.

¶5

Hon'ble Syed Qamar Hasan Rizvi,J.

¶6

Learned counsel for petitioner prays for and is allowed to implead the Sub Division Officer, Tehsil Sakaldiha, District Chandauli as respondent No. 6 in the array of the parties during the course of the day.

¶7

Heard Sri Prem Shankar Sharma, learned counsel for petitioner, Sri Awadhesh Kumar, learned Standing Counsel for respondents No. 1 to 4 and Sri Bhupendra Kumar Tripathi, learned counsel for Land Management Committee respondent No.5 and perused the record.

¶8

The contention of learned counsel for petitioner is that petitioner is the recorded Bhoomidhar of the plot bearing Arazi No. 154 measuring area 0.0420 hectare and plot bearing Arazi No. 158 measuring area 0.158 hectare situated at Village - Jiyanpur, Paragana Mahaich, Tehsil Sakaldiha, District Chandauli

¶9

The submission of learned counsel for petitioner is that the respondent no. 4 is constructing road over the petitioner's plot having Arazi No. 154 situated at Village - Jiyanpur, Paragana Mahaich, Tehsil Sakaldiha, District Chandauli.

¶10

After taking into consideration the factual matrix of the case as placed by the learned counsel for the parties, this Court is of the considered view that the dispute can be resolved only after due demarcation of the boundary of the plots no. 154 and 158 situated at Village - Jiyanpur, Paragana Mahaich, Tehsil Sakaldiha, District Chandauli.

¶11

There is complete mechanism provided under Section 24 of U.P. Revenue Code, 2006 for demarcation of the boundaries under Sub-Section (3) of Section 24 of the U.P. Revenue Code, 2006 provides as under:

¶12

"(3). Every proceeding under this section shall, as far as possible, be concluded by the Sub-Divisional Officer within (three months) from the

¶13

date of the application."

¶14

In view of the aforesaid, without entering into merits of the case this writ petition is disposed of with the liberty to the petitioner to file appropriate application for the demarcation as provides under Section 24 of U.P. Revenue Code, 2006 read with Rule 22 of the U.P. Revenue Code Rules, 2016. In case such an application is filed by the petitioner before the Sub Divisional Officer Tehsil Sakaldiha, District Chandauli within a period of two weeks from today the same shall be decided by the respondent No. 6 within a period of three months from the date of receipt of aforesaid application along with the certified copy of this order.

¶15

Order Date :- 2.8.2024 Md Faisal

¶16

Digitally signed by :- MOHD FAISAL High Court of Judicature at Allahabad

Ghurahu Prajapati v. State of Up and 4 Others

Case brief

What is this about?

What did the court decide?

Ghurahu Prajapati v. State of Up and 4 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Raunak Mishra vs Banaras Hindu University and 3 Others

Committe of Management Madhubhan Shiksha Samiti and Another vs State of Up and 6 Others

Smt Munni vs State of Up and 12 Others

Fara Begum vs State of Up and 4 Others

Megha Chaudhary vs State of Up and 4 Others

Vimla Singh and Another vs Ram Lakhan and Others