Janmejay v. State of U.P. and 4 Others

Court No. - 32 Case :- WRIT - C No. - 37269 of 2023 Petitioner :- Janmejay Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Kamlesh Kumar Singh Counsel for Respondent :- C.S.C.,Bhupendra Kumar Tripathi Hon'ble Salil Kumar Rai,J. Hon'ble Surendra Singh-I,J. In the present petition, the petitioner claims to be Bhumidar with transferable rights of Plot No.377-Ka area 0.389 Hectare. It is also stated in the petition that Plot No.377 Area 0.101 Hectare which is adjacent to Plot No.377 Ka is recorded as 'Navin Parti' in the revenue records and the respondent no. 4 is encroaching over the same i.e., Plot No.377 and consequently over Plot No.377 Ka which is the Bhumidari Plot of the petitioner. On the basis of the aforesaid plea, the petitioner has prayed for the following relief: A. Issue a writ, order or direction in the nature of writ of mandamus commanding and directing the respondent no.2/District Magistrate, Chandauli to take stern action against the respondent no. 4 after making due enquiry against him who was trying to encroach over the Plot No.377 Ka area 0.389 hectare situated in Village-Shahabganj, Tehsil Chakia, District Chandauli, which is recorded in revenue records in the name of the petitioner as Bhumidhar with transferable rights pursuant to the government order dated

01.05.2017 and 08.05.2017 issued by the State Government. The petitioner may file an application under Section 24 of the U.P Revenue Code, 2006 before the Sub Divisional Officer, Tehsil Chakia, District Chandauli which shall be decided expeditiously preferably within a period of three months from the date a copy of this order is produced before him after giving an opportunity of hearing to the proper parties including the Gaon Sabha in accordance with law. With the aforesaid direction, the writ petition is disposed of. Order Date :- 30.10.2023 IB High Court of Judicature at Allahabad