Court No. - 4
Case :- WRIT - C No. - 26821 of 2020 Petitioner :- Kanti Kumar And Another Respondent :- State Of U.P. And 11 Others Counsel for Petitioner :- Ram Bahadur Singh Counsel for Respondent :- C.S.C.,Krishna Kant Singh
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for petitioners and Sri Krishna Kant Singh, learned counsel appearing for the Gaon Sabha and learned Standing Counsel.
Present petition has been filed with following prayer:-
"(A) to issue a writ, order or direction in the nature of mandamus commanding and directing the respondent no.3 to take necessary action against respondent no.6 to 12 in regarding the unauthorized possession over the land in question gatta no. 75/24, Raqba 0.320 Hectare and Demarcating the Land in question of the petitioner.
(B) to issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to decide the representation of the petitioner dated 10.9.2020 (annexure no.7) to this writ petition.
(C) to issue any other writ order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case.
(D) to award cost of this petition."
On perusal of record it appears that petitioners are alleging that encroachment is being made on the land allotted to petitioners and they are also seeking demarcation of their plot. For this purpose petitoners have filed a representation.
Admittedly, statutory remedy is available to the petitioners under Section 24 of the U.P. Land Revenue Code, 2016.
Accordingly, present petition stands disposed of with liberty to petitioners to initiate appropriate proceedings in accordance with law under Section 24 of the U.P. Land Revenue Code, 2016. In the event any such application is filed within a period of one month from today with self attested copy of this order, which may be verified from the official website of this Court, the same shall be considered and decided strictly in accordance with law preferably within a period of four months from the date of filing of application.
With the aforesaid observation, present petition stands disposed of .
Order Date :- 8.1.2021/Aditya