Court No. - 29
Case :- WRIT - C No. - 15274 of 2018 Petitioner :- Dileep Kumar Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Tej Bhanu Pandey Counsel for Respondent :- C.S.C.
Hon'ble Govind Mathur,J. Hon'ble Jayant Banerji,J.
This petition for writ is preferred with the prayer as follows:
"i. A writ, order or direction, in the nature of mandamus directing to the respondent no.2 to take appropriate decision upon the representation made by the petitioner as well as his father and after making proper inquiry punish the responsible persons who make an alteration in the map without any order of any competent authority by which the area of chak of the petitioner was disturbed.
ii. A writ, order or direction, in the nature of mandamus directing to the respondent no.2 for to pass appropriate order for to correct the map as it was prior to making the forged alteration the respondent no.2 for to pass appropriate order for to correct the map as it was prior to making the forged alteration.
iii. A suitable order or direction which this Hon'ble Court may deem fit and proper in view of the facts and circumstances of the case.
iv. Award the cost of the writ petition to the petitioner."
Learned counsel for the petitioner submits that by forgery certain alterations are made in the map and those are to be aside by restoring the map earlier existing.
Section 38 of the U.P. Revenue Code, 2006, which prescribes that any correction in the earlier map, Khasra or record of rights (Khatauni) shall be made by the Tehsildar in the manner prescribed. Section 38(5) refers that any forged or manipulated entry in the map, the Khasra or the record of rights (Khatauni) may be expunged under the Code of 2006.
The petitioner has not availed the remedy available to him under Section 38 of the U.P. Revenue Code, 2006.
We do not find any just reason to interfere in the writ petition ignoring the statutory remedy.
The writ petition is dismissed.
The petitioner is at liberty to avail the statutory remedy referred above.
Order Date :- 27.4.2018 MAA/-
(Jayant Baner,J.) (Govind Mathur,J.)