Court No. - 39
Case :- WRIT - C No. - 18225 of 2019 Petitioner :- Gopal Yadav Respondent :- State Of U.P. And Another Counsel for Petitioner :- Chandra Bhushan Tiwari Counsel for Respondent :- C.S.C.
Hon'ble B. Amit Sthalekar,J. Hon'ble Piyush Agrawal,J.
Learned counsel for the petitioner is permitted to implead Sub Divisional Magistrate, Varanasi as respondent no.3 in the array of parties.
Heard Sri Chandra Bhushan Tiwari, learned counsel for the petitioner and Ms. Kritika Singh learned additional chief standing counsel for the respondents.
The petitioner in this writ petition is seeking a direction to the respondent no.2 to take suitable action against those villagers who are flouting the order dated 24.6.2016 passed by the Additional Collector, Varanasi.
The petitioner stated to have purchased Plot No. 516 measing 40 decimal (0.167 hectare) situated in village Panchrao, Pargana Jahlupur, Tehsil Sadar District Varanasi. It is stated that he was given possession of the said plot and his name has also been entered in the revenue record but some persons in the village are creating nuisance and disturbing peaceful possession over the said plot. It is also stated that the petitioner had applied for measurement of the land which was allowed by the Additional Collector vide order dated 24.6.2016 and same has been carried out but some persons of the village are still interfering in the peaceful possession of the petitioner over the plot in question.
In our opinion no case for interference is made out. If certain villagers are disturbing peaceful possession of the petitioner over Plot No. 516 measing 40 decimal (0.167 hectare) situated in village Panchrao, Pargana Jahlupur, Tehsil Sadar District Varanasi the petitioner is at liberty to approach the appropriate court seeking remedies.
The writ petition is dismissed.
Order Date :- 30.5.2019 samz