Court No. - 9
Case :- WRIT - C No. - 14495 of 2019 Petitioner :- Ram Pyare Respondent :- State Of U.P. And 10 Others Counsel for Petitioner :- Shashi Kant Dwivedi Counsel for Respondent :- C.S.C.
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State respondents.
The grievance of the petitioner is that on his application under Section 41 of the U.P. Land Revenue Act for demarcation, actual demarcation was made on the spot. However, the boundary marks were destroyed or removed by the contesting respondent nos. 5 to 10.
The petitioner has by means of this petition prayed that the boundary marks which have been removed or destroyed are re- erected and the petitioner be given possession over the plot.
In my considered opinion, proceedings for demarcation do not entailed for any delivery of possession. Demarcation is only for the purpose of erecting boundary marks as per the revenue record, after due measurements.
In so far as the re-erection of boundary mark which have been removed or destroyed is concerned, the petitioner may make an application for the same before the competent authority. Till such time, a proper application been filed the relief for re- erection for boundary marks cannot be granted.
This alternative remedy has admittedly not been availed by the petitioner and therefore, no mandamus in this regard can be issued.
The writ petition is therefore, dismissed with the observation that the petitioner, in case, so advised, may file a proper application seeking a fresh demarcation or re-erection of the damaged or destroyed boundary marks.
Order Date :- 29.4.2019 sweta