Hon'ble Alok Mathur,J.
Learned Standing Counsel submits that pursuant to the order dated 11.07.2019 passed by this Court, demarcation of land on Gata No.156 belonging to the petitioner has been made. The possession of the land has been given to the petitioner who has made 'Kaccha Medh' in the presence of the parties. A due settlement amongst the owners of different Gata has been made. The report prepared by the Authority concerned was accepted by the petitioner.
The land of Gata No. 156 has not been used for construction of the road, thus nothing survives in the matter.
Learned counsel for the petitioner submits that the land of Gata No.156 belonging to the petitioner has been used for construction of a road but with mutual settlement with others, he has been given land of Gata No.156 by merging it with the adjoining land. He has made a reference of the earlier report which shows that the land of Gata No.156 has been used for construction of road.
The prayer is, accordingly no to accept the report prepared in pursuance to the direction of the Court even if it has been singed by the petitioner.
We have considered the submissions made by the parties. The writ petition was filed alleging that the land belonging to the petitioner has been used for construction of the road without giving compensation after its acquisition. This Court passed a detailed order on 11.07.2019, which is quoted herein for ready reference:-
This writ petition has been filed with the assertion that "Chak Road" has been constructed on the private land belonging to the petitioner which comprises in Gata No. 156, having total area of 0.744 hectares as per extract of khatauni which has been annexed as Annexure - 1 to the writ petition.
A counter affidavit has been filed by the Executive Engineer, Public Works Department stating therein that the Public Works Department has not made any new road, rather certain earth filling etc. was done on the already existing "Kuchha Road" which has not resulted in any kind of damage to the petitioner's land.
Since contrary assertions are being made by the petitioner and by the Executive Engineer, Public Works Department, we find it appropriate to direct that Plot No. 156, situated in Village - Tarapur, Tehsil - Ram Sanehi Ghat, District - Barabanki, be demarcated for the reason that the petitioner is legally entitled to possess the entire area of the said plot recorded in the khatauni as he is bhoomidhar of the said Plot.
Accordingly, we direct the Sub Divisional Officer, Ram Sanehi Ghat, Barabanki to undertake demarcation proceedings of Plot No. 156 and accordingly erect boundary pillars if so required, expenses whereof shall be borne by the petitioner. It is further directed that the Sub Divisional Officer shall furnish the demarcation report to this Court clearly indicating as to whether the "Chak Road" in question is found in existence over any of the area of Plot No. 156, belonging to the petitioner.
The demarcation proceedings under this order shall be drawn by the Sub Divisional Officer within four weeks from the date of production of certified copy of this order.
It is further directed that in case apart from the petitioner any other tenure holder of the land situated in vicinity of Gata No. 156 is likely to the affected at the time of demarcation, he shall also be permitted to present his case.
However, it is made clear that in case either the petitioner or any of the other tenure holders are found avoiding the proceedings of demarcation, it will be be open for the Sub Divisional Officer to act in accordance with law and proceed with the demarcation.
List this case on 27th August, 2019. Learned State counsel shall communicate this order to the Sub Divisional Officer concerned.
Pursuant to the order quoted above, the report has been prepared by the authorities and produced before us. The report shows that the land belonging to the petitioner has been given to him by identifying it to be of Gata No.156. A "Kaccha Medh" was constructed on demarcation of the land and is now in possession of the petitioner, which is equivalent to the area of Gata No.156.
If the petitioner is aggrieved by the report, he is having a remedy under the revenue law, but taking note of the report submitted before us, the relief prayed in the writ petition cannot be given at present unless a finding is recorded that part land of Gata No. 156 has been used for construction of road and thereby the petitioner has been deprived to possess the equivalent land of Gata No.156 of the concerned village.
In view of the above, without granting prayer made in the writ petition, liberty is given to take the appropriate remedy, if petitioner is not satisfied with the report made by the respondents after the order of this Court, provided same is permissible. The disposal of the writ petition would not come in the way of the petitioner for the aforesaid, rather matter would be adjudicated by the Competent Authority as per law.
The copy of the report submitted by the respondents is taken on record.
Accordingly, the writ petition stands disposed of.
Order Date :- 27.8.2019 A.K. Singh