Court No. - 9
Case :- WRIT - C No. - 24995 of 2019 Petitioner :- Rakesh Kumar Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Alok Kumar Srivastava,Amit Kumar Pandey Counsel for Respondent :- C.S.C. Hon'ble Anjani Kumar Mishra,J. Heard.
This petition has been filed alleging that an application for demarcation under Section 24 of the Revenue Code, 2006 was finally determined and actual demarcation was made. Subsequently, the petitioner has filed an application before the Sub Divisional Magistrate on 08.04.2019 alleging that Bankelal s/o Harilal, Lakhan Lal s/o Suraj and Manoj s/o Chhabbu Lal have forcibly occupied the land belonging to the petitioner which had been demarcated and have raised a house thereon.
The petitioner wants a direction for expeditious disposal of this application and also a direction that the illegal occupants or encroachers be dispossessed.
In my considered opinion, in case, the land of the petitioner has been encroached upon and constructions raised an application to the administrative authorities is not the remedy.
The administration authorities can neither evict the encroacher nor can demolish the construction raised by them. The only remedy available for the petitioner is by means of a suit for demolition and possession.
In case, the petitioner is so advised, he may avail the remedy aforesaid for redressal of his grievance.
Subject to the above, this writ petition is dismissed.
Order Date :- 30.7.2019 sweta