Court No. - 38
Case :- WRIT - C No. - 38526 of 2018 Petitioner :- Neeraj Jaiswal Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Rajesh Dutta Pandey,Hari Narayan Shukla Counsel for Respondent :- C.S.C.
Hon'ble Abhinava Upadhya,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioner and the learned Standing Counsel appearing for the State- respondents.
The petitioner claims to be the owner of Plot No.48 and after getting the map sanctioned by the Allahabad Development Authority, when he was raising construction on Plot No.48, a complaint was filed that in fact construction is being raised on Plot No.41 upon which the Tehsildar was required to submit a report and he has submitted a report on 9.6.2018 stating therein that the construction is being raised on Plot No.48 and not on Plot No.41. The Zonal Officer, Allahabad Development Authority has also passed an order dated 16.8.2018 that the construction is being raised according to sanctioned map on Plot No.48 and not on Plot No.41.
As such, no State Authorities or the private persons have any right to interfere with the enjoyment of the land of the petitioner and in case some body is aggrieved with the order of the Tehsildar or the Zonal Officer of the Allahabad Development Authority, those orders can be challenged before the appropriate forum but so long as the orders are concerned, no interference can be caused on the land of the petitioner from raising construction according to the sanctioned map. The police authorities are duty bound to protect the right, life and property of the citizens.
With the aforesaid observations/directions, the writ petition stands finally disposed of.
Order Date :- 27.11.2018 SKM
(Vivek Varma,J.) (Abhinava Upadhya,J.)