Heard learned counsel for the petitioner, learned Standing Counsel for the State and Sri Mohan Singh for the private respondent.
The petitioner has approached this Court, claiming that under the consolidation of holdings proceedings, certain land has been declared as chak marg. The said chak marg goes to his agricultural field i.e. Gata no.311 Min./0.081 hectare, in Village Makrandpur, Pargana Mijhaura, Tehsil Bhiti, District Ambedkar Nagar. Now certain persons have wrongfully occupied the same.
Learned counsel for the petitioner submits that as per the order passed in consolidation of holdings proceedings, the land has not been demarcated as yet. He prays that such demarcation proceedings should be initiated as early as possible.
Learned Standing Counsel and learned counsel for the private respondent states that under Section 24 of the U.P. Revenue Code, 2006, the petitioner has an alternative remedy as he is the person interested and has a right over the chak marg.
In view thereof, the petitioner is permitted to make a fresh application under Section 24 of U.P. Revenue Code, 2006 before the concerned Sub Divisional Magistrate within a period of three weeks from today. In case such an application is moved, the Sub Divisional Magistrate concerned shall consider and decide the same, in accordance with law, after hearing all the parties concerned, within a period of four months from the date of receipt of the said application along with a certified copy of this order.
With the aforesaid directions, present petition is disposed of.
[Vivek Chaudhary,J.] Order Date :- 27.8.2021/Sachin