Court No. - 18
Case :- WRIT - C No. - 19947 of 2018 Petitioner :- Raj Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- D.C. Dwivedi Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard Shri D.C. Dwivedi, learned counsel for the petitioner and Shri Sanjay Kumar Singh, learned Standing Counsel for all the respondents.
The petitioner is before this Court with request to issue direction to the first respondent to decide his representation dated 27.4.2018 and also direct to the second respondent, Sub Divisional Magistrate, Tehsil Kanth, District Moradabad for ensuring the demarcation of the land in question.
Shri Sanjay Kumar Singh, learned Standing Counsel has raised preliminary objection regarding maintainability of the writ petition and submits that the claim has been set up by the petitioner that the allotment was made in favour of the petitioner in the year 2008 but at no point of time, actual possession of the land has been handed over to the petitioner. The relief is available to the petitioner under Rule 176 of UP ZA & LR Rules, 1952 but at this stage, the petitioner cannot asked for demarcation of the land in question under Section 41 of the U.P. Land Revenue Act, 1901.
In view of the above, on consent and without expressing any opinion on the merits of the issue and considering the facts and circumstances of the case, this writ petition is disposed of finally with observation that in case an appropriate application is moved by the petitioner within two weeks from today as per provisions contained under Rule 176 of UP ZA & LR Rules, 1952, then this Court hopes and trust that the Sub Divisional Magistrate concerned would proceed in the matter and decide the claim of the petitioner expeditiously strictly in accordance with law without granting unnecessary adjournments to either of the parties, except upon payment of cost of Rs.150/-.
Order Date :- 29.5.2018 RKP