Court No. - 29
Case :- WRIT - C No. - 28105 of 2018 Petitioner :- Laxmi Devi And Another Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Suved Kumar Sharma Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Mithal,J. Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioners. Learned Standing counsel has appeared for respondents no.1,2 and 3.
The petitioners allege that their land of gata nos. 177 and 178 have been utilized by the respondents for construction of a road without their consent and acquisition of the same.
The representation of the petitioners raising the above grievance has been decided by the impugned order dated 15th July 2018 issued by the office of the District Magistrate, Bareilly.
The matter was considered by a Committee of seven persons named in the impugned order and it has been recorded that the land of the petitioners was utilized on the written consent of petitioner no. 2 and as such he can not raise any grievance in this regard.
Learned counsel for the petitioners submits that petitioner no. 2 has not given any consent and that his signatures on the said consent is fake and fictitious.
If that be so, the remedy of the petitioners is by way of civil suit where only he can establish by evidence that his signatures are not genuine on the consent on record.
In view of the aforesaid facts and circumstances, we do not find any merit in this petition for interference in exercise of extra-ordinary jurisdiction. The petitioner may take recourse to the civil remedy as may be advised to them in law.
The petition is dismissed with no order as to cost.
Order Date :- 21.8.2018 SKS