Court No. - 46
Case :- WRIT - C No. - 5136 of 2019 Petitioner :- Giraja Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ram Kishun Misra,Nitya Nand Counsel for Respondent :- C.S.C.,Manoj Kumar Yadav
Hon'ble Saral Srivastava,J. Order on Order Sheet.
Learned counsel for the petitioner is permitted to implead the Sub Divisional Magistrate, Tehsil Navgarh, District Chandauli as respondent no. 5 during the course of the day.
Order on Writ Petition.
Heard Sri Ram Kishun Mishra, learned counsel for the petitioner and Sri Rajesh Kumar learned Standing Counsel for respondents 1 to 3 and 5 and Sri Manoj Kumar Yadav, learned counsel for respondent no. 4.
The case of the petitioner is that he is recorded tenure holder in respect of an area 0.294 hectare of plot no. 216 situated in Mauja Jarhar Tehsil Navgarh, District Chandauli, but the respondent no. 5- Sub Divisional Magistrate, Tehsil Navagarh, District Chandauli on the pretext that the land is recorded as banjar land had tried to interfere with the possession of the petitioner.
In this view of the fact this Court on 14.2.2019 passed the following order which is extracted herein below:
"The petitioner was given plot no. 216, area 0.294 in exchange of his bhumidhari plots, when they were taken away by the Irrigation Department. The plot is now being sought to be taken over for some residential scheme.
Learned Standing Counsel may take instructions. Put up this case on 14.3.2019.
Till the next date of listing, status quo as of today shall be maintained."
On the instruction received, learned Standing Counsel Sri Rajesh Kumar, states that the plot no. 216 is having an area of 0.961 hectare, out of which on 0.294 hectare the name of the petitioner was recorded and the balance land of 0.667 hectare is recorded as banjar bhumi. The authorities are making constructions over the balance land of 0.667 hectare recorded as banjar bhumi and is not interfering with the possession of the petitioner.
Learned counsel for the petitioner submits that he has filed an application before the respondent no. 5 for demarcation of land.
Learned Standing Counsel further submits that the petitioner has remedy of filing an application under Section 24 of the U.P. Revenue Code, 2006 before the Sub Divisional Magistrate, Tehsil Navagarh, District Chandauli for demarcation of land.
Considering the facts and circumstances of the case, if the petitioner files any fresh application under Section 24 of the U.P. Revenue Code, within a period of three weeks from today, the Sub Divisional Magistrate, Tehsil Navagarh, District Chandauli shall decide the same expeditiously, preferably within a period of two months thereafter.
For a period of three months or till disposal of the application of the petitioner under Section 24 of the U.P. Revenue Code, 2006 whichever is earlier the parties are directed to maintain status- quo on the land in dispute.
The writ petition is disposed off. Order Date :- 29.4.2019 Ishan