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Reserved on : August 20, 2026 Delivered on : October 29, 2026 HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW SECOND APPEAL No. - 242 of 2022 State of U.P. Thru. District Magistrate Ambedkar Nagar and Anr …..Appellant(s)

Versus Samundra Devi Deceased Thru. Ram Surat and Ors.

…..Respondent(s)

Counsel for Appellant(s) : C.S.C., Counsel for Respondent(s) : Rinku Kumar Verma, Brijesh Kumar Verma, Virendra Singh Court No. - 20 HON'BLE PRASHANT KUMAR, J.

1. Heard Sri Anuj Kudesiya, learned Senior Advocate/Additional Advocate General assisted by Sri Gopal Krishna Pathak, learned Additional Chief Standing Counsel appearing for the appellant-State and Sri Brijesh Kumar Verma along with Sri Rajdeep Chaudhary, learned counsel appearing for the respondents and perused the records.

2. The instant Second Appeal under section 100 of the Code of Civil Procedure, 1908, has been preferred by the appellants against the judgment and order dated 30.07.2018 passed by the Additional District Judge, Court No. 1, District - Ambedkar Nagar (hereinafter referred as ‘Appellate Court’) in an appeal bearing Regular Civil Appeal No. 63 of

2015 (State of U.P. and anr. v. Smt. Samundra Devi & Others), whereby the first appeal filed by the appellants was dismissed by upholding the judgement and order dated 05.11.2015 passed by Civil Judge, Senior Division, District - Ambedkar Nagar (hereinafter referred as ‘Civil Court’) in a civil suit bearing Regular Suit No.388 of 2007 (Smt.

Samundra Devi v. State of U.P. and anr.).

Factual Matrix :

3. A suit for permanent injunction and ejectment was filed by the predecessor-in-interest, bearing Original Suit No. 388 of 2007, in respect of land bearing Gata No. 334A, admeasuring one bigha and 19 biswa, situated at Village Achhati, Pargana Bidahar, Tehsil Alapur. There was a link road being constructed in 1987-88 over the land which belonged to Manraj Kumari (who was the predecessor-in-interest of the respondent), which divided the entire land into two parts. Since the link road passed through the respondents’ land, the Sub-Divisional Magistrate, Tehsil Alapur, Ambedkar Nagar, by order dated 22/03/1988, proposed to acquire the land to be used by the road and in lieu thereof granted alternative land in the abadi of Gaon Sabha Achhati. Accordingly, a resolution was passed on October 15, 1988, for the exchange of the land. The alternative land was allotted to the predecessor of the respondents, wherein her name was also mutated in the revenue record on September 6, 1989. She continued to be the owner and in possession of the land as bhumidhar.

4. Subsequently, on May 14, 1990, a registered sale deed was executed in favor of the present respondents by the predecessor-in-interest in respect of the exchanged land (bearing Gata No.112(minjumla), admeasuring 9 biswa). The name of the present respondents, who were buyer of the land, were recorded in the revenue record as bhumidhar with transferable rights. On this land, the respondents constructed a house containing five rooms along with a boundary wall. Thereafter the respondents were in possession and enjoyed the said property.

5. Thereafter, the tehsildar has expunged the name of the respondents from the revenue record in a reference filed before him, the same was challenged by the respondents and the order expunging the name has been set aside. It is in the year 2007, the appellant/State started construction of a Fire Station on the said land, which belongs to the respondents claiming it is to be a pond land.

6. The respondents aggrieved by the illegal action of the appellants by illegally taking over the land, which has been legally allotted to them, was left with no other alternative, but to file a suit for permanent injunction and ejectment (being Regular Suit No.388 of 2007) before Civil court, Ambedkar Nagar.

7. On behalf of the respondents-plaintiffs, oral evidences were adduced by examining PW-1 Samundra Devi and PW-2 Shri Ram Yadav, whose examinati