Court No. - 18
Case :- WRIT - C No. - 19912 of 2018 Petitioner :- Kushalpal Respondent :- Collector And 3 Others Counsel for Petitioner :- Rahul Jain,Dinesh Pathak,Rakesh Pathak Counsel for Respondent :- C.S.C.,Arun Kumar Srivastava
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the parties.
The supplementary affidavit is taken on record.
This writ petition is preferred against the order dated 23.4.2018 passed by the first respondent and the order dated 28.10.2016 passed by second respondent.
Learned counsel for the petitioner submits that allotment in favour of the petitioner was duly made in the year 1993 after approval from the Asstt. Collector, Bijnor dated 16.11.1992 qua the property in question. It is also submitted that once the private respondents as well as revenue officials were interfering in the peaceful possession of the petitioner, the petitioner has also obtained injunction from the competent court. As such it is sought to be contended that at no point of time any actual demarcation of the property in question has ever been ensured by the respondents and on spot the petitioner is cultivating the land in question since then.
Learned counsel for the petitioner submits that the petitioner is in possession over a plot, which has no concern with the disputed plot, and ends of justice would be met, if a fresh direction is issued to the authority concerned to carry out fresh spot inspection and demarcation, subject to objections, if any, by the petitioner.
Learned Standing Counsel and Shri Arun Kumar Srivastava, learned counsel for Gaon Sabha have no objection.
This writ petition is disposed of with the direction to the competent authority concern to carry out fresh spot inspection and demarcation of the plot in question in accordance with law, as expeditiously as possible preferably within two months and in the event the report is adverse to the petitioner, he shall be given an opportunity to prefer objections/evidence, if any.
The orders impugned shall abide the fresh order so passed by the competent authority concerned.
Order Date :- 29.5.2018 SP/