Court No. - 18
Case :- WRIT - C No. - 20087 of 2018 Petitioner :- Mohammad Amir Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pavan Kumar Srivastava Counsel for Respondent :- C.S.C.,Diwakar Singh
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the parties.
This writ petition is preferred against the order dated 18.04.2018 passed by Collector, Fatehpur in Appeal no.00106/2018 computer case no.D- 201802250000106 (Mohd. Amir vs. Gram Sabha and others) under Section 67(5) of UP Revenue Code 2006 whereby confirming the order dated 20.09.2008 and 23.08.2017 passed by Tehsildar (Judicial), Tehsil and District Fatehpur. Further prayer has been made to direct the respondents not to interfere in the peaceful possession of the petitioner's house.
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 appearing for the State respondents and Shri Diwakar Singh, learned counsel for respondent no.3 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 dated 18.04.2018, 20.09.2008 and 23.08.2017 shall abide the fresh order so passed by the competent authority concerned.
Order Date :- 29.5.2018 A. Pandey