Court No. - 9
Case :- WRIT - C No. - 14940 of 2019 Petitioner :- Anganu Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Adya Prasad Tewari,Virendra Kumar Yadav Counsel for Respondent :- C.S.C.
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents.
The writ petition has been filed seeking the following ground-
"i) Issue a writ, order or direction in the nature of mandamus commanding the Assistant Collector (First Class)/ Additional City Magistrate (Fourth), Varanasi to ensure the implementation of its order dated 30.07.2016 passed in Case No.74/102 of 2015 Anganu Vs. State of U.P. under Section 41 U.P. Land Revenue Act, 1901 in respect of plot no.306 area 0.279 hectare situated at village Gaurakala, Pargana Jalhupur, Tehsil Sadar, District Varanasi on the spot as early possible within to time frame."
It is submitted that a final order for demarcation was passed in proceedings under Section 41 of the U.P. Land Revenue Act on 30.07.2016. The petitioner was required to deposit fee for the demarcation which has been deposited but actual demarcation has not been made by respondents on the spot.
In case, the deposit has been made as is the case of the petitioner, the respondents are directed to ensure that the boundary marks are erected positively within a period of three weeks from the date a certified copy of this order is filed before respondent no. 2.
Order Date :- 30.4.2019 RKM