Court No. - 40
Case :- WRIT - C No. - 30335 of 2021 Petitioner :- Ram Krishna Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Akhilesh Singh,Shivam Yadav Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J. Hon'ble Vikram D. Chauhan,J.
Petitioner claims to be tenure holder of Plot No. 175 and 179 situated in village Ruru Kalan, Pargana Bidhuna, District Auraiya and has filed the present writ petition with the grievance that without any acquisition or consent of petitioner the respondents are digging trenches over his Bhumidhari land and installing poles upon it.
Taking note of such contention we called upon the learned Standing Counsel to obtain instructions. Instructions have been received from the District Magistrate, Auraiya as per which Plot Nos. 175 and 179 abuts Plot No. 178, which is public passage and that authorities are only digging trenches and putting pillars on the Plot No. 178, which had earlier been partially encroached upon by the petitioner. A team of various officers apparently had been constituted earlier for necessary inspection and verification.
We find that there exists a dispute of demarcation in respect of agricultural plot of the petitioner which can always be got resolved in proceedings under Section 24 of the U.P. Revenue Code, 2006. We, therefore, provide that in the event an application is filed by the petitioner before the fourth respondent for demarcation of Plot No. 175 and 179, the authorities shall ensure that appropriate demarcation of the plots is undertaken viz-a-viz Plot No.178 by following the procedure specified in the Act and Rules. Such proceedings would be concluded within a period of two months from the presentation of a certified copy of this order.
In the event, any person feels still aggrieved by such exercise it would be open to take the matter to the Civil Court for appropriate examination and relief.
Order Date :- 20.12.2021 Abhishek Singh