Court No. - 30
Case :- WRIT - C No. - 17688 of 2021 Petitioner :- Gama Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Shashi Ranjan Srivastava,Subhash Chand Kanaujia Counsel for Respondent :- C.S.C.,Bhupendra Kumar Tripathi
Hon'ble Ajay Bhanot,J.
Heard Sri Shashi Ranjan Srivastava, learned counsel for the petitioner, learned Standing Counsel for the respondents No.1 to 3-State and Sri Sushil Kumar Tiwari, learned counsel holding brief of Sri Bhupendra Kumar Tripathi, learned counsel for the respondent No.4.
Sri Shashi Ranjan Srivastava, learned counsel for the petitioner contends that the boundary was demarcated by the order dated 29.08.2018, passed by the respondent No.3-Sub-Divisional Magistrate, Tehsil- Pindara, District-Varanasi, in proceedings under Section 24 of the Uttar Pradesh Revenue Code, 2006. However, subsequently, the boundary pillars which were fixed by the authorities were demolished by the private respondent in collusion with the some State authorities.
Learned Standing Counsel contends that the petitioner has an alternative and efficacious remedy of approaching the competent authority under Sections 22/23 of the Uttar Pradesh Revenue Code, 2006.
Sri Shashi Ranjan Srivastava, learned counsel for the petitioner does not press the relief sought in the writ petition and does not have any objection of approaching the competent authority under Sections 22/23 of the Uttar Pradesh Revenue Code, 2006.
Sri Shashi Ranjan Srivastava, learned counsel for the petitioner, however, contends that the concerned Lekhpal has not taken any action as per law against the persons who were responsible for demolishing the boundary pillar fixed by the authorities on the directions issued in proceedings under Section 24 of the U.P. Revenue Code, 2006.
Interest of justice will be served by permitting the petitioner to approach the competent authority under Sections 22/23 of the Uttar Pradesh Revenue Code, 2006.
The District Magistrate, Varanasi shall also enquire into the fact as to why the concerned Lekhpal had not taken any appropriate action as contemplated under Sections 22/23 of the Uttar Pradesh Revenue Code, 2006, after demolition of the lawfully erected boundary pillars.
In case such proceedings are filed, the same shall be decided within a period of three months as per law.
With the aforesaid directions, the writ petition is finally disposed of.
Order Date :- 30.7.2021 Ashish Tripathi