Allahabad High Court
SAFEEK MOHD AND 4 OTHERSversusSTATE OF U.P. AND 7 OTHERS
- Decided
- Bench
- VIVEK SARAN
Holding
The Court ordered the District Magistrate to decide the petitioners' representation within one month and stayed any dispossession of Gata No. 391 during that period.
Summary
The petitioners, owners of Gata No. 391, filed a writ petition alleging that the State respondents were attempting to create a chak marg over their land without any notice or due procedure. They had previously submitted a representation to the District Magistrate on 04.08.2026, which remained pending. The State respondents argued that the representation would be decided expeditiously. The Court directed the District Magistrate to decide the representation within one month of the order and, as an interim measure, restrained the State from dispossessing the petitioners from the land for the same period. The writ petition was consequently disposed.
Issues considered
- Whether the State can proceed with a chak marg over petitioners' land without notice or due process
- Whether the pending representation to the District Magistrate must be decided before any dispossession
Subjects
- land rights
- chak marg
- notice requirement
- stay order
- representation
- writ petition
- property dispute
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 34995 of 2026
Safeek Mohd And 4 Others
.....Petitioner(s)
Versus
State Of U.P. And 7 Others
.....Respondent(s)
Counsel for Petitioner(s) : Deep Agnihotri
Counsel for Respondent(s) : C.S.C., Hari Narayan Singh
Court No. - 5
HON'BLE VIVEK SARAN, J.
1. Heard Sri Deep Agnihotri, learned counsel for the petitioners and
learned Standing Counsel for the State respondents.
2. The sole grievance of the petitioners is that the State respondents are
trying to make chak marg over Gata No. 391, which is recorded in the
name of the petitioners, without any notice or any procedure. He further
states that the petitioners have ventilated their grievances to the District
Magistrate/respondent no. 2 by means of a representation dated
04.08.2026 and the same is pending consideration.
3. Learned Standing Counsel submits that the said representation shall be
decided expeditiously.
4. In such view of the matter, the writ petition is disposed of directing the
respondent no. 2 to decide the representation dated 04.08.2026, filed as
Annexure-3 to the instant writ petition, within a period of one month from
the date of production of a certified copy of this order along with self
attested copy of the instant writ petition.
5. As an interim measure, for a period of one month or till the said
representation is decided, the State respondents shall not proceed to
dispossess the petitioners from Gata No. 391.
(Vivek Saran,J.)
September 23, 2026
gp
Digitally signed by :-
GANESH PRAKASH
High Court of Judicature at Allahabad
Checking your session…