Court No. - 6
Case :- WRIT - C No. - 38858 of 2019 Petitioner :- Jawahir Yadav And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Bishram Tiwari Counsel for Respondent :- C.S.C.
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the petitioner and learned Standing counsel for the State-respondents.
Challenge in the writ petition is to an order dated 25.10.2019 passed by the District Magistrate, Kushinagar.
This order was passed consequent to certain directions issued by the High Court in a PIL.
The operative portion of the order impugned directs correction of certain revenue entries with regard to plot nos.396 Ka, Kha,Gha and 991 Ka.These plots are to be recorded as a rasta, land of public utility.
A further direction has been issued to the Sub Divisional Officer,Tamkuhiraj to take necessary steps, in case, some encroachment is found over the plots, ordered to be recorded as rasta.
The petitioners stated that his house exist, since prior to the abolition of the zamindari. They apprehend their dispossession and demolition of thir house.
In my considered opinion, the apprehension of the petitioner at the moment is totally unfounded.
Admittedly, no proceedings for eviction of the petitioners have as yet, been drawn against . As and when such proceedings are drawn against them, petitioners may raise all pleas that are sought to be raised by means of this writ petition to oppose the same.
Subject to the above, this writ petition is found to be premature and is dismissed at this stage.
Order Date :- 29.11.2019 RKM