Ravindra Kumar Agrahari (Ravindra Kumar Gupta) v. the State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and 4 Others

Allahabad HC8 Sept 2025WRIC/8742/2025

Case brief

AI extract

What is this about?

WRIT-C 8742 of 2025; Allahabad High Court Lucknow Bench; mandamus; dispossession; Khasra No. 369Ka; Gata No. 369Ga; Gata No. 391; illegal sale deed; Gram Sabha land; village abadi; Category 6(2) Revenue Records; bhumidhari land; private dispute over possession; civil/revenue court remedy; Ambedkar Nagar; Tehsil Bhiti; Village Rudaupur; respondents Narendra Kumar Gupta and Babu Ram Gupta; SDM/Tehsildar instructions 06.09.2025; representation dated 02.04.2025; writ petition disposed of.

What did the court decide?

None granted; petitioner left free to approach the competent Civil/Revenue Court. ¶¶19

Ravindra Kumar Agrahari (Ravindra Kumar Gupta) Vs the State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and 4 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

None granted; petitioner left free to approach the competent Civil/Revenue Court.

¶¶19

Issue for consideration

Whether a writ of mandamus should be issued commanding opposite party no. 3 to dispossess opposite party no. 5 from Khasra No. 369Ka (measuring 3.9710 hectare, Village Rudaupur, Tehsil Bhiti, District Ambedkar Nagar), and restraining opposite party no. 4 from interfering with or constructing on that land. +1 more

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Court's answer

The writ petition is disposed of without granting the mandamus sought, leaving it open to the petitioner to approach the competent Civil/Revenue Court for redressal of his possession grievance.

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Ratio / Principle

On the material placed by the State, the court found that the petitioner's real grievance is a private dispute with respondents no. 4 and 5 concerning possession over abadi land.

¶¶18

Detailed headnote1 paragraphs

WRIT - C No. 8742 of 2025 (Allahabad High Court, Lucknow Bench; Sangeeta Chandra and Brij Raj Singh, JJ.; decided September 8, 2025). Ravindra Kumar Agrahari (Ravindra Kumar Gupta) sought mandamus to dispossess opposite party no. 5 from Khasra No. 369Ka (3.9710 hectare), Village Rudaupur, Tehsil Bhiti, District Ambedkar Nagar — allegedly occupied pursuant to an illegally executed sale deed for Gata No. 369Ga together with adjoining Gram Sabha land — and to restrain opposite party no. 4 from interfering with or constructing on the land. Pursuant to instructions of the SDM and Tehsildar, Bhiti dated 06.09.2025 recording the Naib-Tehsildar's enquiry and spot inspection, the gata was found recorded as abadi under Category 6(2) in the Revenue Records, entirely settled by the village abadi, while the petitioner resided on his own bhumidhari land, Gata No. 391. Finding that the petitioner's dispute with respondents no. 4 (Narendra Kumar Gupta) and no. 5 (Babu Ram Gupta) was a private dispute over possession of abadi land, the court disposed of the petition, leaving the petitioner free to approach the competent Civil/Revenue Court.

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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WRIT - C No. - 8742 of 2025

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Ravindra Kumar Agrahari (Ravindra Kumar Gupta)

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.....Petitioner(s)

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Versus

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The State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 4 Others .....Respondent(s) Counsel for Petitioner(s) : Prem Kumar Srivastava Counsel for Respondent(s) : C.S.C.

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Court No. - 2

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HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J.

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Heard learned counsel for the petitioner and learned Standing Counsel for the State Respondents.

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This writ petition has been filed with the following main prayers:-

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" 1. Issue a writ, order or direction in the nature of mandamus commanding the opposite parties No.3 to dispossessed to opposite party No.5 land of Khasra No. 369Ka measuring area 3.9710 hectare situated at Village Rudaupur, Tehsil Bhiti, District- Ambedkar Nagar.

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2. Issue a writ, order or direction in the nature of mandamus commanding restraining the opposite parties No.4 not interfere and forcefully started construction of land of Khasra No. 369Ka measuring area 3.9710 hectare situated at Village Rudaupur, Tehsil Bhiti, DistrictAmbedkar Nagar. "

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We have gone through the representation of the petitioner dated 02.04.2025 which alleges that the opposite party no. 5 has taken over Government land on the basis of a sale deed that was illegally executed with respect to Gata No. 369Ga and he has also taken over land of the Gram Sabha surrounding such Gata No. 369Ka and making construction thereon.

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WRIC No. 8742 of 2025

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Learned Standing Counsel for the State Respondents has produced a copy of the instructions sent by the Sub-Divisional Magistrate, Bhiti, Ambedkar Nagar and Tehsildar, Bhiti dated 06.09.2025 wherein it has been stated that the Naib-Tehsildar, Bhiti, Ambedkar Nagar had conducted an enquiry and on the spot inspection and found that Gata no. 369ka area 3.9710 hectare is recorded as abadi under Category 6(2) of in the Revenue Records and the entire village abadi is settled over such land. The petitioner has no house situated in this village abadi land. He has his own house situated in Gata No. 391, which is his bhumidhari land. Gata No. 369Ka has the house of opposite party no.5, Babu Ram Gupta and other villagers. The petitioner has some dispute regarding the possession with the respondent no. 4 Narendra Kumar Gupta and respondent no. 5 Babu Ram Gupta.

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The written instructions are kept on record.

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It appears from the instructions that the petitioner has a private dispute with the respondents no. 4 & 5 with regard to possession over abadi land.

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This writ petition is disposed of leaving it open for the petitioner to approach the Competent Civil/Revenue Court.

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(Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.)

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September 8, 2025

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Darpan Sharma

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Digitally signed by :- DARPAN SHARMA High Court of Judicature at Allahabad, Lucknow Bench

Ravindra Kumar Agrahari (Ravindra Kumar Gupta) v. the State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and 4 Others

Case brief

What is this about?

What did the court decide?

Ravindra Kumar Agrahari (Ravindra Kumar Gupta) v. the State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and 4 Others

Case brief

What is this about?

What did the court decide?

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What the court decided

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