Court No. - 29
Case :- SPECIAL APPEAL No. - 239 of 2019 Appellant :- Mewa Lal And 2 Others Respondent :- State Of U.P. And 5 Others Counsel for Appellant :- Neeraj Srivastava,Lal Chandra Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Mithal,J. Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the petitioners-appellants and learned Standing Counsel.
The appeal has been preferred against the order dated 21.1.2019 passed by the writ court in the petition as filed by the petitioners-appellants.
In the writ petition, the dispute was in respect of plot no. 522. The petitioners-appellants claimed that they are the owner entitled to be in possession of the same and that their claim is recorded in the revenue records. However, the private respondent nos. 4 to 6 have illegally occupied it and not vacated despite the direction of the District Magistrate dated 1.6.2018. First of all, the dispute as raised by the petitioners-appellants is a private dispute for which a remedy is by way of civil dispute. Secondly, the writ petition came to be disposed of as the counsel for the petitioners-appellants was unable to dispute the legal position that the said dispute is regarding the demarcation of land which could be resolved under Section 24 of the U.P. Revenue Code, 2006 and the fact that he conceded for availing appropriate remedy under the law.
In view of the above, when on behalf of the petitioners- appellant, a concession was given for taking some alternative remedy, as may be available in law, they are not entitled to file an appeal challenging the aforesaid order.
The appeal as such is misconceived and is accordingly dismissed.
Order Date :- 22.2.2019 Prakhar