Court No. - 42
Case :- WRIT - C No. - 16469 of 2021 Petitioner :- Pushpa Devi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Achyutanand Pandey Counsel for Respondent :- C.S.C.,A.C.Srivastava
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner and learned Standing Counsel appearing for the State respondents and perused the record.
Present petition has been filed with following prayer:-
"i. Issue a writ, order or direction in the nature of mandamus commanding the respondent authorities to take action against the Pradhan according to law and to restrain his work of illegal plantation on the land of petitioner Gata No. 2387N bearing area 0.567 Hectare situated in village Saman, Pargana and Tehsil Kishni, District Mainpuri.
ii. Issue a writ, order or direction in the nature of mandamus directing the respondents authorities to measure the area of petitioner land Gata No. 2387N area 0.567 Hectare situated in Village Saman, Pargana and Tehsil Kishni, District Mainpuri and ensure her possession over her purchase land."
Pursuant to the order dated 16.8.2021, learned Standing Counsel has produced a copy of the instructions dated 17.9.2021, which are taken on record. In the instructions, it has been categorically stated that total area of Gata No. 2378 is 14.538 hectares and out of which area of 7.497 hectare is registered as 'usar' in current Khatauni Khata No. 4023 and plantation is being done on that part of the land.
In such view of the matter, prayer no. 2 made in this writ petition becomes important.
Accordingly, present petition stands disposed of with liberty to the petitioner to initiate appropriate proceedings for demarcation of his land.
It is made clear that in case, any such proceedings are initiated by the petitioner for demarcation of his land bearing Gata No. 2387N area 0.567 hectares, the same shall be considered and concluded by the authority concerned, preferably within a period of three months from the date of production of self- attested copy of this order, which may be verified from the official website of this Court.
It is made clear that this Court has not considered the claim of the petitioner on merits and the authority concerned shall apply its own independent mind and decide the same strictly in accordance with law.
With the aforesaid observation/ direction, present petition stands disposed of.
Order Date :- 20.9.2021 Aditya