Court No. - 3
Case :- WRIT - C No. - 24128 of 2020 Petitioner :- Randhir Singh And 3 Others Respondent :- State Of U.P. And 9 Others Counsel for Petitioner :- Adya Prasad Tewari Counsel for Respondent :- C.S.C.,Sanjay Kumar Singh Hon'ble Manoj Misra,J. Hon'ble Ravi Nath Tilhari,J.
Heard Sri Adya Prasad Tewari, learned counsel for the petitioners, Sri Sanjay Kumar Singh, learned counsel for the respondent no.10, learned standing counsel for respondents 1 to 5 and 9 and perused the record.
According to the petitioners, the respondents have illegally demolished the boundary wall of the petitioners, that was existing over their own land, under the garb that it was occupying public land. The petitioners have, accordingly, prayed for disciplinary action against the erring officials of the respondent no.1 and for damages.
Whether the wall demolished stood over petitioners land or public land is a question of fact which would have to be determined on the basis of evidence led by the parties. As to how much damage the petitioners suffered on account of such demolition is also a question of fact which might have to be assessed on the basis of evidence led by the parties.
Under the circumstances, the appropriate course for the petitioners is to institute a suit for declaration/injunction/ damage; as may be advised, against the respondents. In case the said suit is decreed, it will be open to the petitioners to seek for disciplinary action against the erring officials.
With the aforesaid liberty, the petition is disposed off.
Order Date :- 7.1.2021 VKG