Court No. - 6
Case :- WRIT - C No. - 33832 of 2021 Petitioner :- Ramesh Chand Vishwakarma Respondent :- District Magistrate And 3 Others Counsel for Petitioner :- Vijay Bahadur Yadav Counsel for Respondent :- C.S.C.
Hon'ble Rajiv Joshi,J.
Heard Shri Vijay Bahadur Singh, learned counsel for the petitioner, learned standing counsel for the respondent nos.1 and 2 and perused the record.
The instant writ petition, under Article 226 of the Constitution, has been filed for the following reliefs:-
"A. A writ of Mandamus directing to the respondent nos.1 and 2 to give the possession on the Araji No.964, area 0.053 Hectare, situated in Village-Kharauna, Pargana-Rari, Tehsil-Sadar, District-Jaunpur in pursuance of the order dated 19.08.2015 passed by Upziladhikari, Sadar, District Jaunpur in Case No.213/13-14.
B. A writ order or direction in the nature of mandamus directing to the respondent nos.1 and 2 to decide the application/representation dated 27.08.2021 and 04.09.2021."
It is contended by the learned counsel for the petitioner that the respondent nos.1 and 2 are not giving the possession in respect of land of Araji No.964, area 0.053 Hectare, situated in Village-Kharauna, Pargana-Rari, Tehsil-Sadar, District-Jaunpur pursuant to the order dated 19.08.2015 passed by the Upziladhikari, Sadar, District Jaunpur in respect of land in question in Case No.213/13-14.
The record reflects that the application filed by the petitioner for measurement has been allowed vide order dated 19.08.2015 passed by the S.D.M., Sadar, Jaunpur whereby the report submitted by the Revenue Inspector alongwith the field book was affirmed.
As per the report of the Revenue Inspector, the demarcation of the land was made on 23.06.2019 as is apparent from the report of the Tehsildar submitted before the S.D.M.
The prayer made in the writ petition for possession of the said land is totally misconceived, therefore, the writ petition lacks merits and is accordingly dismissed.
Order Date :- 23.12.2021 Zafar