Court No. - 46
Case :- WRIT - C No. - 8599 of 2019 Petitioner :- Bheem Sen Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Uttar Kumar Goswami Counsel for Respondent :- C.S.C.,Manu Singh
Hon'ble Saral Srivastava,J.
Heard learned counsel for the parties.
It is submitted by the learned counsel for the petitioner that the petitioner has been allotted plot no.21/1/1, having an area 0.1730 hectare, situated in village Kalua, Gram Panchayat Kalua, Tehsil Gabhan, District Aligarh.
According to the petitioner, he was given possession over the said plot by the Tehsildar, Tehsil Gabhan, District Aligarh. He contends that the respondents surreptitiously got the aforesaid land entered in the category 5-3-ग of U.P. Land Record Manual and on the basis of the aforesaid entry, the respondents are interfering with the peaceful possession of the petitioner.
Be that as it may, if there is any fraudulent entry made in the revenue record, the remedy for the petitioner is to file an application under Section 32 of U.P. Revenue Code before the Sub Divisional Magistrate concerned.
In case, the petitioner prefers an application for correction of the entries within three weeks from today, the Sub Divisional Magistrate, Tehsil Gabhan, District Aligarh, respondent no.3 shall decide the same within three months thereafter. For a period of four months from today, the respondents shall not interfere with the possession of the petitioner on the basis of entries with respect to nature of land recorded as category 5-3-
ग in the revenue records in respect of aforesaid plot or till disposal of the application of the petitioner under Section 32 of U.P. Revenue Code whichever is earlier.
The writ petition is disposed off.
Order Date :- 29.4.2019 S.Sharma