Court No. - 39
Case :- WRIT - C No. - 15334 of 2021 Petitioner :- Ajeet Singh And 5 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Virendra Singh,Shiv Kumar Maurya Counsel for Respondent :- C.S.C.
Hon'ble Manoj Kumar Gupta,J. Hon'ble Deepak Verma,J.
Heard Sri V. Singh, learned counsel for the petitioners and learned Standing Counsel for the State-respondents.
The petitioners claim that they are bhumidhar of plot Nos.934, 935, 936, 940, 941, 937, 711 of Village Nauli, Tehsil and District Auraiya. The State- respondents, it is alleged, have excavated earth from their bhumidhari plots without any right and title.
On 02.08.2021, following order was passed:-
"The petitioners are aggrieved by removal of soil from their plot nos.934, 935, 936, 940, 937 and 711 at Village-Nauli, Paragana, Tehsil and District Auraiya.
The learned Standing Counsel shall seek instructions from the respondents whether there is removal of soil from the bhumidhari plot of the petitioners. If so, under what law. Further, whether any compensation has been offered to the petitioners. If not, then why.
Necessary instructions, as above, be obtained within two weeks. Put up as fresh on 24th August, 2021."
On matter being taken up today, learned Standing Counsel has placed on record the instructions received by him. According to it, plot No.711 which is in dispute, is a big plot. It is admitted that part of it belongs to Government and the remaining part belongs to different tenure holders. It is further admitted that they are constructing Tehsil building over it. The respondents have denied that they have excavated earth from any portion of the plot belonging to the tenure holders. They claim that all activities relating to construction is confined to the portion of plot No.711 recorded in the name of various departments of the Government.
On the other hand, learned counsel for the petitioners submitted that the State- respondents are excavating earth from their portion of the plot as there is no clear demarcation on the spot.
From the submissions made by learned counsel for the parties, it is evident that the dispute between them relates to demarcation of plot No.711 which is jointly recorded in the name of various department of the State Government and tenure holders including the petitioners herein.
We are, therefore, of the opinion that interest of justice would be served in case the respondents are directed to carry out actual demarcation on the spot.
It is directed accordingly.
The exercise in regard to the demarcation shall be carried out within two weeks from today in the presence of the petitioners and such other tenure holders who may like participate in the proceedings. A public notice shall be issued by the State-respondents intimating all tenure holders of the date on which actual demarcation would be carried out on the spot.
The petition stands disposed off accordingly.
Order Date :- 24.8.2021 Nitin Verma (Deepak Verma, J.) (Manoj Kumar Gupta, J.)