Court No. - 18
Case :- WRIT - C No. - 19945 of 2018 Petitioner :- Bheem Sen Mishra Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Pradeep Kumar Singh Counsel for Respondent :- C.S.C.,Anuj Kumar
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the parties.
This writ petition is preferred against the order dated 20.12.2017 passed by the Appellate authority/Respondent No.2 in Case No. 446 of 2017 under Section 67 (5) of U.P. Revenue Code as well as order dated 8.8.2017 passed by the Assistant Collector/Respondent No. 3 under Section 67 of U.P. Revenue Code pertaining to Plot No. 375 situated at Village Balhaura, Tehsil Rajapur, Disgtrict Chitrakoot.
Learned counsel for the petitioner submits that the petitioner is in possession over a plot, which has no concern with the disputed plot, and ends of justice would be met, if a fresh direction is issued to the authority concerned to carry out fresh spot inspection and demarcation, subject to objections, if any, by the petitioner.
Learned Standing Counsel appearing for the State respondent nos.1 to 3 and learned counsel for respondent no. 4 Gaon Sabha have no objection.
This writ petition is disposed of with the direction to the competent authority concern to carry out fresh spot inspection and demarcation of the plot in question in accordance with law, as expeditiously as possible preferably within two months and in the event the report is adverse to the petitioner, he shall be given an opportunity to prefer objections/evidence, if any.
The order dated 20.12.2017 passed by Appellate Authority/Respondent No.2 and order dated 8.8.2017 passed by the Assistant Collector/Respondent No.3 shall abide the fresh order so passed by the competent authority concerned.
Order Date :- 29.5.2018 Manish Tripathi