Court No. - 1
Case :- WRIT - C No. - 42452 of 2019 Petitioner :- Ashwini Kumar Deviprasad Shukla And Another Respondent :- Collector District Allahabad And 5 Others Counsel for Petitioner :- Anand Tiwari,Alok Tiwari Counsel for Respondent :- C.S.C.,Diwakar Singh
Hon'ble Ramesh Sinha,J. Hon'ble Ajit Kumar,J.
Heard Sri Alok Tiwari, learned counsel for the petitioners, Sri Diwakar Singh, learned counsel appearing for the respondent no.5, learned Standing Counsel for the respondent nos.1 to 3 and perused the record.
By means of the present petition under Article 226 of the Constitution of India, the petitioner has claimed his right and valid title over the land in question.
Learned counsel for the petitioner submits that his father had been granted patta of land by Raja Manda. The petitioner, therefore disputes right to raise construction over the land. Virtually injunction is sought as can be claimed under a common law remedy.
In our considered opinion mere grant of patta or sale-deed would not itself become a case of valid title unless there is declaration to that effect in the event there is no entry in the revenue record. It is always open to the petitioner to pursue such remedy before the revenue authority against non-demarcation and in view of revisional court it is always open to the petitioner to pursue his remedy before the revenue authority for demarcation of the boundary.
Subject to the aforesaid, the writ petition is dismissed.
(Ajit Kumar, J.) (Ramesh Sinha, J.) Order Date :- 20.12.2019 Gaurav