Court No. - 29
Case :- WRIT - C No. - 15008 of 2018 Petitioner :- Raj Kumar Agarwal Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Rajeev Kumar Saini Counsel for Respondent :- C.S.C.
Hon'ble Govind Mathur,J. Hon'ble Jayant Banerji,J.
This petition for writ is preferred to have an appropriate writ, order or direction to quash the order dated 18.01.2018 passed by the District Magistrate, Saharanpur disposing of the representation submitted by the petitioner- Raj Kumar Agarwal.
The District Magistrate while deciding the representation held that no material is available on record to establish that the petitioner had any right on the land acquired much back during the period from 1946 to 1952. It is stated that, as per the record available, the land acquired was existing at both the ends of the road to the extent of 75 feet. The petitioner failed to produce any material to establish that his land was coming within the limits aforesaid. So far as the land already acquired is concerned, as per the District Magistrate, necessary compensation has already been disbursed.
It is stated by learned counsel for the petitioner that the respondents have not examined the correct facts and the land of the petitioner is falling within the distance of 75 feet from middle of the road concerned.
Having considered all facts of the case, we are of the view that these complicated and disputed facts involved in this petition for writ cannot be examined under Article 226 of the Constitution of India.
The petitioner, if desires, may avail remedy under Section 24 of the Uttar Pradesh Revenue Code, 2006 for settling the dispute regarding the boundaries by having necessary demarcation.
With the observations as above, the writ petition stands disposed of.
Order Date :- 25.4.2018 Rameez .
(Jayant Banerji,J.) (Govind Mathur,J.)