Court No. - 9
Case :- WRIT - C No. - 14339 of 2019 Petitioner :- Mithilesh Kumar Respondent :- Commissioner Vindhyachal Region And 3 Others Counsel for Petitioner :- Sandeep Kumar Pandey,Dhiraj Singh Counsel for Respondent :- C.S.C.
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the petitioner.
The writ petition seeks a writ of certiorari for quashing the order dated 12.03.2019 passed by the District Magistrate, Bhadohi.
The second prayer made in the writ petition is for mandamus directing the S.D.M. Gyanpur to give effect to the order dated 20.09.2018 passed by him in a case under Section 24 of the U.P. Revenue Code, 2006.
From the submissions made and upon a perusal of the record, it transpires that on an application under Section 24 of the Revenue Code, for demarcation, having been filed by the petitioner, actual demarcation was made on the spot. The case of the petitioner is that boundary marks erected were in fact removed by respondent no. 4 in the writ petition.
It appears that at that stage, the petitioner approached this Court and an order was passed in Writ-C No. 5507 of 2019 directing the petitioner to file a fresh representation before the Collector.
In pursuance of the order of the writ court, the Collector has decided the representation made by the petitioner. The representation has been rejected and in my considered opinion, rightly so, observing that there is no provision for repeated demarcation being made by the revenue authority. An observation has also been made that since the boundary marks erected in the proceedings for demarcation have been demolished, in this regard appropriate proceedings should be drawn against the person(s) responsible.
I do not find any illegality in the impugned order dated 12.03.2019 and, therefore, there is no question for quashing the same as is the first prayer in the writ petition.
Besides, even second relief cannot be granted because admittedly the demarcation on the application of the petitioner had been actually made. In case, the petitioner wants a fresh demarcation, it is always open for him to file a fresh application in this regard.
Subject to the above, this writ petition is found to be without substance and is dismissed.
Order Date :- 29.4.2019 Mayank