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Supreme Court of India

DISTRICT MAGISTRATE/ COLLECTOR, SONBHADRA, DISTRICT SONBHADRA vs HEERA LAL on 24 February, 2025

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2025 INSC 285Non-reportableC.A. No.-003151-003152 - 2025Official PDFAuthor HON'BLE THE CHIEF JUSTICEBench Puligoru Venkata Sanjay Kumar, Aravind KumarAdvocates TANMAYA AGARWAL
2025 INSC 285NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS. OF 2025
(arising out of SLP(C) Nos. 25463-25464/2024)
DISTRICT MAGISTRATE/COLLECTOR, ..... APPELLANT(S)
SONBHADRA, DISTRICT SONBHADRA &
ANR.
VERSUS
HEERA LAL & ORS. ..... RESPONDENT(S)
O R D E R

Leave granted.

The impugned judgment, in our opinion, proceeds on the basis

of contradictory stands taken by the district administration but

does not deal with the factual issue in question.

As far as the conflicting stands taken by the district

administration are concerned, it is stated that departmental

proceedings have been initiated against the erring officer(s).

Respondent No. 1, Heera Lal, was the owner of 8 biswa of land

in Plot No. 606/2 situated in Village Sukrit, Pargana Ahraura,

Tehsil Chunar, District Sonbhadra, Uttar Pradesh. He sold 4 biswa

of land to one Mrs. Badrunisha and 1 biswa of land to Mrs. Gyan

Devi. He was, therefore, left with 3 biswa of land.

Deepak Guglani

of a road but no compensation has been paid to him.

During the course of hearing, the learned counsel appearing

for respondent No. 1, Heera Lal, has drawn our attention to the

Site Inspection and Demarcation Report dated 15.11.2018 which

records the facts, as noted above. In the end, the report states

that the area of vacant land of Gata No. 606/2 on the side of

Varanasi-Shaktinagar can be taken by Heera Lal. Respondent No. 1,

Heera Lal, claims that he has not been given the possession of the

said land in spite of the Site Inspection and Demarcation Report

dated 15.11.2018. The appellants do not dispute that respondent

No. 1, Heera Lal, is the owner of 3 biswa of land in Plot No.

606/2. Thus, the factual aspect that arises for consideration is as

to whether the appellants are in possession of 3 biswa of land

belonging and left with respondent No. 1, Heera Lal, and have

constructed a road thereon. It is this aspect which has to be

examined and decided by the High Court.

In view of the aforesaid discussion, we set aside the

impugned judgment and pass an order of remand to the High Court to

decide afresh Writ-C No. 16762/2017, titled “Heera Lal v. State of

U.P. & Ors.”. Whilst deciding the matter, the High Court may call

upon the parties to file additional affidavits and may also require

the District/State authorities to file satellite images to

establish the factual position.

The impugned judgment/order dated 30.08.2018 is accordingly

set aside and the appeals are allowed in the above terms.

The judgment/order dated 26.07.2024 passed in Civil Misc.

Review Application No. 04/2019 in Writ-C No. 16762/2017 will also

stand set aside in the above terms.

We, however, clarify that we have not commented on the merits

of the case. The High Court will decide the aforesaid writ petition

independently without being influenced by the reasons and findings

recorded in the impugned judgment/order dated 30.08.2018.

Pending application(s), if any, shall stand disposed of.