Court No. - 4
Case :- WRIT - C No. - 27554 of 2019 Petitioner :- Sagar Nagpal And Another Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Bajarang Bahadur Singh,Udai Bhan Singh Counsel for Respondent :- C.S.C.
Hon'ble Bala Krishna Narayana,J. Hon'ble Prakash Padia,J.
Heard learned counsel for the petitioners and learned Standing Counsel for respondent Nos.1 to 5.
The instant writ petition has been filed by the petitioner with the following prayers:-
I. Issue a writ, order or direction in the nature of mandamus directing the respondent Nos.2, 3, 4 and 5 to not interfere in peaceful possession of the petitioners Plot No. M116 area 0.360 hectare situated village Tiparpur Tahsil and District Saharanpur;
II. Issue a writ, order or direction in the nature of mandamus directing the respondent No.2 make the proper measurement of aforesaid plot no. M-116 and Janta raod as per land acquisition notification of year 1962;
III Issue any other suitable writ, order or direction which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case.
IV. Award the cost of the petitioner to the petitioners.
So far as the first prayer is concerned, the same cannot be granted by this Court in exercise of its writ jurisdiction under Article 226 of the Constitution of India as the remedy, if any, available to the petitioners is to file a suit.
With regard to the second prayer, we dispose of this writ petition with the liberty to the petitioners to file an application for demarcation of plot No.M-116 and Janta Road before respondent No.3 along with a certified copy of this order within three weeks from today. In case, any such application is filed by the petitioners before respondent No.3, he shall consider and decide the same strictly in accordance with law by a speaking and reasoned order after issuing notice to the respondent Nos.6, 7, 8 and 9 as expeditiously as possible, preferably within a period of four months from the date of filing of such application by the petitioners.
Order Date :- 22.8.2019 saqlain