Court No. - 21
Case :- WRIT - C No. - 6683 of 2019 Petitioner :- Ram Khelavan Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Agnihotri Kumar Tripathi Counsel for Respondent :- C.S.C.
Hon'ble Pradeep Kumar Singh Baghel,J. Hon'ble Pankaj Bhatia,J.
The petitioner is an ex-army personnel. His grievance is that he has purchased a property through sale deed dated 10.2.2016 and his name has been mutated in the revenue records. A copy of the sale deed and order of Tehsildar mutating name of the petitioner under Section 34/35 of the Land Revenue Act are on the record. His grievance is that respondent no. 7, a private respondent is causing interference in his possession in respect of the said plot.
It is stated that officials of the revenue department has made an inspection of the disputed plot and have submitted a report regarding illegal act of respondent no. 7 causing interference in the petitioner's possession.
Learned counsel for the petitioner has brought on record a Government order dated 1.5.2017 wherein the State Government has issued detailed guidelines to the officials to check illegal encroachment and attempt to take forceful possession over the citizen's land by land mafias and grabbers. In the said Government order the District Magistrate and the district police officials have been entrusted task to find out such illegal land mafias and persons who are indulged in similar activities and take stern action against such persons.
The petitioner has put forward his grievance by way of a representation to the Sub-Divisional Magistrate, Sadar dated 23.11.2018 which is on the record. We find that on the said application the Tehsildar, Sadar and Sub-Divisional Magistrate have also made endorsement. It appears that a team of the revenue officers has also been constituted. A report of the said committee has been referred to above.
We have heard learned counsel for the petitioner and the learned Standing Counsel.
Considering the facts and circumstances of the case, we are of the view that we deem it fit and proper to direct the second respondent to issue necessary directions to Revenue and Police Authorities in the light of Government Order dated 1.5.2017 expeditiously, preferably within a period of six weeks from the date of communication of this order.
Needless to say that we have not expressed our opinion on the merits of the case, the authority concerned shall pass the order independently and in accordance with law.
The writ petition is, accordingly, disposed of. No order as to costs.
Order Date :- 26.2.2019 Digamber