Court No. - 45
Case :- WRIT - B No. - 1573 of 2019 Petitioner :- Dharamveer And Another Respondent :- The Board Of Revenue And 23 Others Counsel for Petitioner :- Ashvni Mishra Counsel for Respondent :- C.S.C.,Ashish Kumar Srivastava,Prem Chandra Dwivedi,Virendra Singh
Hon'ble Salil Kumar Rai,J.
Heard Sri V.D. Dubey, Advocate holding brief of Sri Ashvni Mishra, the counsel for the petitioners and Sri Virendra Singh, the counsel for the respondents.
The present writ petition arises out of proceedings registered under Section 24 of the Uttar Pradesh Revenue Code, 2006 (hereinafter referred to as, 'Code, 2006').
The grievance of the petitioners is that the demarcation of the boundaries of Plot No. 66 of which the respondents are the Bhumidhars through the impugned orders has resulted in reducing the area of the bhumidhari plots of the petitioners, i.e., Plot Nos. 69A, 69B and 70 which are adjacent to Plot No. 66.
The petitioners have a remedy to institute proceedings under Section 24 of the Code, 2006 for measurement of the area of their plots and for demarcation of the same and therefore in view of the availability of the alternative remedy, it is not a fit case for interference by this Court under Article 226 of the Constitution of India.
However, it is directed that in case the petitioners file an application under Section 24 of the Code, 2006 within fifteen days from today, the proceedings shall be completed within three months from the date of filing of the said application, in case, the formalities as required in Rule 22 are fulfilled by the petitioners.
It is clarified that in any case, the proceedings shall be finished within the aforesaid time period.
With the aforesaid directions, the writ petition is disposed of.
Order Date :- 30.5.2019 Satyam