Court No. - 1
Case :- WRIT - C No. - 25989 of 2020 Petitioner :- Santoshi Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Ved Prakash Pandey,Yadvendra Pratap Singh Counsel for Respondent :- C.S.C.
Hon'ble Vivek Agarwal,J.
Heard Sri V.P. Pandey, learned counsel for the petitioner and learned Standing Counsel.
Learned counsel for the petitioner contention is that as per the report of Lekhpal there is a residential patta in favour of the petitioner, but disputed fact is that his land was demarkated and possession was given to him, private respondent Nos.5 to 7 are causing obstruction in peaceful possession and they are threatening the petitioner in their attempt to encroach upon said land again and again. Petitioner also prays for restoration of possession.
In pursuance of this report, petitioner has made out a case of commission of a cognizable offence against the respondent Nos.5 to 7. He is free to take appropriate proceeding as prescribed under criminal law against the respondent Nos.5, 6 and 7. Inasmuch as restoration of possession is concerned, it has already come in the report of Lekhpal that petitioner was given possession of the land in question for which patta is already in his favour. Petitioner is free to invoke remedy as provided under Section 65 of the U.P. Revenue Code, 2006. No separate indulgence is required in the writ petition except for the liberty mentioned above.
With the above observation/direction, the writ petition is disposed off.
Order Date :- 7.1.2021 Pr/-