Ramhet v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and 5 Others

Allahabad HC6 May 2024WRIC/3922/2024

Case brief

AI extract

What is this about?

Writ petition seeking mandamus to stop construction by opposite party no.6 over petitioner's Gata No.526 in Barabanki. State counsel disclosed S.D.M. orders directing construction; the High Court found no legal basis for such administrative-side orders, demanded a personal affidavit from the S.D.M., and ordered interim halt of construction.

What the court decided

AI extract

Ramhet vs State of U.P. Thru. Prin. Secy. Deptt. of… — Property and Title | Allahabad HC (2024)

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Court No. - 3

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Case :- WRIT - C No. - 3922 of 2024

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Petitioner :- Ramhet

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Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 5 Others Counsel for Petitioner :- Rajiv Mishra,Anjali Dubey,Soniya Mishra Soni Pathak Counsel for Respondent :- C.S.C.

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Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J.

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(1) Heard the learned counsel for the petitioner and the learned Standing counsel who appears for the Opposite party nos.1 to 5.

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(2) In view of the order proposed to be passed, the issuance of notice to the Respondent no.6 is dispensed with.

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(3) This petition has been filed by the petitioner for the following main prayer:-

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"1) To issue a writ, order or direction in the nature of Mandamus restraining the opposite parties specifically to the opposite party no.6 from making the illegal construction over the land of the petitioner lying in Gata No.526 measuring area 0.2780 situated in Village Badipur, Islampur, Police Station Subeha, Tehsil Haidergarh, District Barabanki, U.P."

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(4) It has been submitted by the learned counsel for the petitioner that the petitioner is a reserved category poor farmer. He is the recorded tenure holder of Gata No.526/ 0.2780 Hectare situated in Village Badipur, Islampur, Police Station Subeha, Tehsil Haidergarh, District Barabanki, U.P. He is in possession of the land and has also planted several trees on it. The Opposite party no.6 by misleading the Authorities, is trying to dispossess the petitioner. The petitioner has filed a Civil Suit No.80 of 2024 [ Ramhet Vs. Jahid Ali and others ] before the learned Civil Judge (Junior Division), Haidergarh, District Barabanki, where the application for Temporary Injunction is pending disposal.

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(5) Yet the private opposite party no.6 is forcibly taking over the land of the petitioner. The petitioner has

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approached the several Authorities by moving Representations. They have not considered the said Representations, hence, the petitioner felt it appropriate to approach this Court.

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(6) This Court has perused the pleadings on record.

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(7) Counsel for the State-respondents has pointed out that the writ petition has been filed only for this Court to show interference in a private dispute.

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(8) Learned Standing counsel has produced before this Court a copy of instructions received from the SubInspector of Police Station Subeha, District Barabanki in which it has been stated that the Opposite party no.6 had initially filed a Representation to the S.D.M. on which the S.D.M. had passed an order on 20.03.2024 directing the Area Lekhpal and the Revenue Inspector to conduct an inquiry, a copy of such application/ representation dated 19.03.2024 with the endorsement made therein by the S.D.M. is enclosed to the said annexures.

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(9) In pursuance thereof, an inquiry was conducted and a report was submitted by the Revenue Inspector and the Area Lekhpal. In the report it has been submitted that the Opposite party no.6 has got certain land from a third person of Gata No.525 /0.294 Hectare and she is trying to raise construction and the petitioner is obstructing such construction to be carried out. On the said report dated 12.04.2024, the S.D.M. by his order dated 13.04.2024 has directed the Revenue Inspector and the S.O. Subeha to ensure construction is carried out by the Opposite party no.6 on her land and to also ensure peaceful possession of both the parties over their land. Thereafter, the Police Authorities alongwith Revenue Team approached the land in question i.e. Gata Nos.525 & 526 of Village Subeha and due to altercation between the parties and threat of breach of peace the proceedings have been initiated under Sections 107/116 of the Cr.P.C. and Challani report has been submitted to the court concerned.

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(10) This Court is of the opinion that the S.D.M. had no Authority in law to pass orders on the Administrative side on the application moved by the wife of the private Opposite party no.6.

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(11) The instructions are kept on record.

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(12) Let a personal affidavit be filed by the S.D.M.

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Haidergarh, District Barabanki, within a week from today indicating under which provision of law he has passed orders on the Administrative side on the application as aforesaid.

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(13) List this matter on 06.05.2024, as fresh.

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(14) Till the next date of listing, no construction shall be carried out on the petitioner's Gata No.526.

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Order Date :- 29.4.2024 N.PAL

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Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench

Ramhet v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and 5 Others

Case brief

What is this about?

What the court decided

Ramhet v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and 5 Others

Case brief

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What the court decided

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