Court No. - 33
Case :- WRIT - C No. - 19960 of 2019 Petitioner :- Abdul Hasan And 2 Others Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Mohd Imran Khan Counsel for Respondent :- C.S.C.
Hon'ble Manoj Misra,J.
Hon'ble Saurabh Shyam Shamshery,J.
Heard learned counsel for the petitioner, learned Standing counsel for the respondents 1 and 2; and perused the record.
The instant petition challenges a notice dated 27.5.2019 which is not a notice but a request letter from the Municipal Commissioner Nagar Nigam Varanasi to the District Magistrate Varanasi to ensure removal of unauthorized encroachments from plot No 216 which is recorded as a Pond (Talab).
The grievance of the petitioners is that by taking aid of the aforesaid request, the District Administration is seeking to remove legal possession from other plots also. It is the case of the petitioners that the petitioners are in possession of adjoining Plot No 217 in respect of which there is already a free hold deed in favour of the petitioners.
Be that as it may, in case any action is being taken against the petitioners in respect of their own land, then the petitioners are free to obtain injunction against the authorities. Moreover, the petitioners may seek for demarcation of their plot allegedly located over plot no 217.
In view of the above, we deem it appropriate to dispose of the petition by giving liberty to the petitioners to take recourse to appropriate legal remedies, as may be advised.
The petition is disposed off.
Order Date :- 7.6.2019 MH