Court No. - 40
Case :- WRIT - C No. - 2668 of 2021 Petitioner :- Ashok Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Arun Kumar Patel Counsel for Respondent :- A.S.G.I.,Arvind Kumar Goswami,C.S.C.,Neeraj Dube
Hon'ble Manoj Misra,J. Hon'ble Jayant Banerji,J.
Heard learned counsel for the petitioner, learned Standing Counsel for the respondents no.2 and 3, Sri Arvind Kumar Goswami, learned counsel for respondent no.1 and Sri Neeraj Dube, learned counsel for respondent no.4.
From the submissions made by the learned counsel for the petitioner, it appears that the chak marg to approach the petitioner's land has got blocked on account of acquisition of some portion of the land by the National Highways Authority of India and, therefore, the petitioner has moved a representation before the District Collector, Hapur.
Seeking a direction upon the respondents to decide the representation of the petitioner and to ensure that a chak marg is provided to the petitioner, this petition has been filed.
Under Section 26 of the U.P. Revenue Code, 2006, a Tehsildar has been conferred powers to remove obstacles that impedes the free use of a public road, path or common land of a village or obstructs the road or water course or source of water, he may direct the removal of such obstacle and may, for that purpose, use or cause to be used such force as may be necessary.
Section 25 of the U.P. Revenue Code, 2006 enables a tenure holder or an agricultural labourer to apply to the Tehsildar if dispute arises as to the route by which a tenure-holder or an agricultural labourer shall have access to his land.
In these circumstances, we deem it appropriate to dispose of this petition by giving liberty to the petitioner to apply to the Tehsildar concerned under the provisions of the U.P. Revenue Code, 2006.
If any such application is submitted by the petitioner, the same shall be addressed in accordance with law after giving opportunity of hearing to the parties concerned.
The writ petition is disposed of.
Order Date :- 19.8.2021 Bhaskar