Court No. - 9
Case :- WRIT - C No. - 24205 of 2019 Petitioner :- Rampal And 3 Others Respondent :- State Of U.P. And 14 Others Counsel for Petitioner :- Rakesh Kumar Verma Counsel for Respondent :- C.S.C.
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the petitioners at length.
The writ petition arises out of proceedings under section 24 of the U.P. Revenue Code, 2006 for demarcation filed by the petitioner.
The courts below have rejected the application on the ground that the petitioner sought demarcation of the plot nos.508 and 502. A finding has been returned that plot no.502, ia divided into two parts, namely, sub division nos. 1 and 2, which are recorded in different khatas. However, the revenue map does not contain any such sub division. It has also been observed that the actual demarcation is always made on the basis of the revenue map. However, since there exist no sub division in the revenue map, demarcation is not possible.
The proceedings under Section 24 of the U.P. Revenue Code, 2006 are summary proceedings. In case, the petitioners are aggrieved, nothing prevents them for instituting a suit for declaration of their rights. Since, the proceedings under Section 24 of the U.P. Revenue Code, 2006 cannot be decided in absence of a revenue map.
Subject to the above, this writ petition stands, disposed of.
Order Date :- 25.7.2019 RKM