LAWS(ALL)-2025-7-16

TALIMUDDIN Vs. STATE OF U.P.

Decided On July 29, 2025
Talimuddin Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) Heard Sri Anup Kumar Srivastava, learned counsel for the petitioners, Sri Manish Goyal, learned Additional Advocate General along with Dr. Rajeshwar Tripathi, learned Chief Standing Counsel for respondent nos. 1 and 2 and Sri Satya Prakash Rai, learned counsel for private respondent no. 3.

(2.) This writ petition has been filed assailing the order dtd. 17/5/2025 passed by Joint Magistrate/Sub Divisional Officer, Sadar, Gorakhpur in Case No. 17731 of 2025 (Yogi Kamal Nath vs. State).

(3.) Petitioners, who are 22 in number, claim that Arazi No. 466/3 was recorded in the name of one Smt. Harnam Kunwari widow of Jaidev Prasad (as Zamindar) and Arazi No. 446/3/2 in Khata No. 88 was recorded in name of Gorakhnath Mandir through its Sarvakar. Grandfather of petitioners namely Sahadat Hussain had purchased land bearing Arazi No. 446/3M measuring 22 decimal (3 kadi) from Smt. Harnam Kunwari. Another registered sale-deed dtd. 13/12/1962 was registered and grandfather of petitioners exchanged land of Arazi No. 446, measuring 50 decimal 7 kadi; Arazi No. 446K, measuring 33 decimal 8 kadi; Arazi No. 445M measuring 6 decimal 5 kadi; Arazi No. 531 measuring 26 decimal 6 kadi, total area 1 acre 17 decimal 6 kadi from Gorakhnath Mandir through its Sarvakar Baba Naumi Nath Chela Mahant Baba Varam Nath in place of Arazi No. 68 measuring 33 decimal.