Court No. - 6
Case :- WRIT - C No. - 38786 of 2019 Petitioner :- Jaiveer Singh And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kumar Anish Counsel for Respondent :- C.S.C.,Mahesh Narain Singh
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the petitioners and Shri Mahesh Narain Singh for the Land Management Committee, respondent no.4. as also learned Standing counsel for the State- respondents.
The petitioner is aggrieved as a cow shed is being constructed over plot no.275 situated in village Khindaura, Pargana Jalalabad, Tehsil Modinagar Ghaziabad, District Ghaziabad. This land is recorded as banjar and the constructions is allegedly being executed at the instance of the Gaon Sabha.
Counsel for the petitioner states that over this land exists the only rasta for the petitioner to approach his own land.
From the facts noticed above, it is clear the petitioner is claiming an easementary right over plot no.275.
Under the circumstances, the petitioner in case so advised may sue for relief on the basis of the aforesaid. An easementary right cannot be considered and established at the first instance in a writ petition.
Subject to the above, this writ petition stands, disposed of.
Order Date :- 29.11.2019 RKM