Court No. - 21
Case :- WRIT - C No. - 10758 of 2018 Petitioner :- Mahesh And 8 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rakesh Kumar Srivastava,Arvind Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Krishna Murari,J. Hon'ble Ajay Bhanot,J.
Petitioners have approached this Court challenging the notice dated 7.2.2018 & 8.02.2018 issued by the respondent No.3 to remove illegal possession from the plot no. 1338, which is a State land.
Learned counsel for the petitioners contends that the construction of the petitioners exists in village abadi, which is adjacent to plot nos.1338 and 1337 and the petitioners are not in possession over the plot no.1338, which is a State land. It is also submitted that in the garb of the notice, actually the constructions of the petitioners standing on the village abadi are under threat of demolition.
The dispute is one involving question of fact, which can be easily resolved by carrying out survey and measurement.
Learned Standing Counsel fairly states that the dispute can be easily resolved in case the petitioners approach the District Magistrate, who can look into the matter and direct the survey and measurement, which would resolve the controversy.
Considering the facts, we dispose of the writ petition by providing that the petitioners may make a fresh representation annexing therewith all relevant documents in support of their claim before the District Magistrate, Gautam Budh Nagar along with certified copy of this order within a period of two weeks from today with the further direction to the said authority that in case, such representation is made, he shall proceed to consider and decide the same by a reasoned and speaking order in accordance with law after giving an opportunity to all concerned and after getting survey and measurement report from the revenue authorities within a further period of two months from the date of receipt of representation.
For a period of three months from today or till the disposal of the representation, whichever is earlier, status-quo in respect of nature and possession over the land in dispute and the construction standing thereon shall be maintained by both the parties.
Order Date :- 27.3.2018 nd