Court No. - 40
Case :- WRIT - C No. - 18814 of 2021 Petitioner :- Ajay Kumar Sharma Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- J.B. Singh,Awadhesh Kumar Mishra Counsel for Respondent :- C.S.C.,Ravi Prakash Pandey
Hon'ble Manoj Misra,J. Hon'ble Jayant Banerji,J.
Heard learned counsel for the petitioner; learned Standing Counsel for respondents 1 to 3; Sri Suresh Singh for respondent no.4; and perused the record.
The prayer in this petition is to command the respondents not to dispossess the petitioner from plot no.313 Mi area 0.0597 hectare at village Naifal, Pargana Dasna, Tehsil and district Ghaziabad. In the alternative, the petitioner has also prayed for a direction upon the respondents to decide the representation of the petitioner dated 22nd April, 2021.
From the Khatauni extract which has been brought on record as Annexure-'6' to the petition, it appears that in 1428-1433 fasli out of total area of 0.8960 hectare in plot no.313 Mi, a certain portion of the land was acquired which is reflected in the entry against the said plot. Under the circumstances, if there is encroachment in the portion of the petitioner, the appropriate course is to apply for demarcation.
In view of the above, we dispose off this petition by giving liberty to the petitioner to take recourse to appropriate legal remedy under the U.P. Revenue Code, 2006 or before the appropriate civil court, as may be advised. It is made clear that we have not expressed any opinion on the merits of claim of the petitioner.
With the aforesaid observation, this petition is disposed off.
Order Date :- 19.8.2021. Rks.