Court No. - 29
Case :- WRIT - C No. - 2360 of 2019 Petitioner :- Kanchan Gupta And 12 Others Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Vinod Kumar,Sr. Advocate C.L. Pandey Counsel for Respondent :- C.S.C.,Punit Khare
Hon'ble Pankaj Mithal,J. Hon'ble Rohit Ranjan Agarwal,J.
Heard Sri C.L. Pandey, Senior Counsel assisted by Sri Vinod Kumar Jaiswal for the petitioners and learned Standing Counsel & Sri Puneet Khare who has accepted notice on behalf of respondent No.9.
The grievance of the petitioner in this writ petition is regarding their land of Gata No.76, 77 and 78/3 situate at Baraipur, Sarnath of district Varanasi.
The petitioners contend that they may not be dispossessed from their aforesaid land and their boundary wall may not be demolished by the respondents otherwise than following the procedure prescribed under law. The petitioners in this regard have also made a representation (Annexure - 6 to the writ petition) to the District Magistrate, Varanasi.
Learned Standing Counsel has pointed out that the respondents are only constructing boundary wall over Gata No.78/4 area 0.008 hectare which is recorded as 'Banjar' in the revenue record and not on the land of the petitioners.
A perusal of the representation of the petitioners reveals that they are not claiming any right over Arazi No.78/4 situate at Baraipur, Sarnath of district Varanasi.
In view of the aforesaid facts and circumstances, we dispose of the writ petition with the direction that the respondents would not raise any construction on the Arazi No.76, 77 and 78/3 situate at Baraipur, Sarnath of district Varanasi of the petitioners otherwise than in accordance with law but, at the same time, they may continue with the development and construction over any other land appurtenant thereto including Arazi No.78/4.
Order Date :- 29.1.2019 Brijesh