Court No. - 38
Case :- WRIT - C No. - 2935 of 2019 Petitioner :- Smt. Fatima Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Vivek Shukla,Shyam Sunder Upadhyay Counsel for Respondent :- C.S.C.
Hon'ble Abhinava Upadhya,J.
Hon'ble Dr. Yogendra Kumar Srivastava,J.
By means of this writ petition the petitioner claims that she is the owner of Gata Sankhya 180 and relying upon a report submitted by Revenue Inspector she claims that an RC road has been constructed on her land and no compensation has been paid.
It is submitted that the said road has been constructed by respondent no.5. In paragraph 12 of the writ petition the petitioner herself states that respondent no.5 has stated that no road has been constructed on the land of the petitioner.
That apart learned counsel for the petitioner has also shown us a document of the Rural Engineering Department stating therein that the road which has been constructed has not been constructed on any private land.
That being the situation we cannot enter into this dispute with regard to title over the land in question. In case any road is constructed over the land of the petitioner, the petitioner has to go to a civil court of competent jurisdiction for determination of her right and if it is found that such a road is constructed on the land of the petitioner, for payment of compensation. In writ proceedings such a direction cannot be issued.
The petition is misconceived and dismissed.
Order Date :- 29.1.2019 Shahroz (Dr. Y.K. Srivastava,J.) (Abhinava Upadhya,J.)