Court No. - 18
Case :- WRIT - C No. - 19826 of 2018 Petitioner :- Budha Khan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pravesh Kumar Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner and Shri Abhishek Shukla, learned Standing Counsel for the State respondents.
Petitioner before this Court asking the respondents to ensure the actual demarcation of land of petitioner bearing Gata no.278 and remove encroachment over the chak road no.280, which is passing through the land of petitioner.
Learned Standing Counsel has opposed the writ petition on the ground that entire claim has been set up on the basis of application dated 01.10.2013 but at no point of time, the petitioner has moved any requisite application for demarcation as per the provisions contained under U.P. Revenue Code 2006 and as such, on the basis of alleged application/representation, relief as has been sought for cannot be extended to the petitioner.
Once such argument has been advanced by learned Standing Counsel, then this Court has proceeded to examine the record in question and finds that entire claim has been set up by the petitioner on the basis of alleged application/representation dated 01.10.2013 and at no point of time any proper application as is provided under the U.P. Revenue Code 2006 has been moved by the petitioner for redressal of his grievance and in such a situation, this Court is not at all inclined to entertain the writ petition and the writ petition is dismissed accordingly. However, dismissal of the writ petition would not at all come in the way of petitioner to agitate his claim before the Competent Authority.
Order Date :- 29.5.2018 A. Pandey