Court No. - 46
Case :- WRIT - C No. - 8825 of 2019 Petitioner :- Radheshyam And 2 Others Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Uttar Kumar Goswami Counsel for Respondent :- C.S.C.,Manu Singh
Hon'ble Saral Srivastava,J.
Heard learned counsel for the parties.
It is submitted by the learned counsel for the petitioners that the petitioners have been allotted plot no.36/1, having an area 0.3370 hectare, situated in village Kalua, Gram Panchayat Kalua, Tehsil Gabhan, District Aligarh.
According to the petitioners, they were given possession over the said plot by the Tehsildar, Tehsil Gabhan, District Aligarh which is manifest from Dakhalnama filed as Annexure no.2 to the writ petition. He contends that the respondents surreptitiously got the aforesaid land entered in the category 5-
3-ग of U.P. Land Record Manual and on the basis of the aforesaid entry, the respondents are interfering with the peaceful possession of the petitioners.
Be that as it may, if there is any fraudulent entry made in the revenue record, the remedy for the petitioners is to file an application under Section 32 of U.P. Revenue Code before the Sub Divisional Magistrate concerned.
In case, the petitioners prefer an application for correction of the entries within three weeks from today, the Sub Divisional Magistrate, Tehsil Gabhan, District Aligarh, respondent no.3 shall decide the same within three months thereafter. For a period of four months from today, the respondents shall not interfere with the possession of the petitioners on the basis of entries with respect to nature of land recorded as category 5-3- ग in the revenue records in respect of aforesaid plot or till disposal of the application of the petitioners under Section 32 of U.P. Revenue Code whichever is earlier.
The writ petition is disposed off.
Order Date :- 29.4.2019 S.Sharma