Court No. - 40
Case :- WRIT - C No. - 12917 of 2020 Petitioner :- Sarva Dutt Singh And 2 Others Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Shrawan Kumar Pandey,Sanjay Kumar Singh,Tarun Kumar Sahu Counsel for Respondent :- C.S.C.,Bhupendra Kumar Tripathi
Hon'ble Ashwani Kumar Mishra,J. Hon'ble Vikram D. Chauhan,J.
This petition has been filed with the grievance that without any acquisition, the State authorities has encroached upon the petitioners' land and have constructed a road.
A counter affidavit has been filed in which it is stated that petitioners plot abuts a link road no.213 and that petitioner had actually encroached upon the land of the road.
A rejoinder affidavit has been filed disputing the averments made in the counter affidavit.
From the materials placed on record, we find that the dispute in essence is with regard to demarcation of petitioners' land for which proceedings have already been initiated by the petitioner.
It appears that some orders against the petitioners in demarcation proceedings have been passed.
Learned counsel for the petitioners state that demarcation has not been correctly undertaken.
If that be so, remedy of the petitioner would be to challenge such order in appropriate proceedings contemplated under the U.P. Revenue Code, 2006 The legality of the demarcation order passed under Section 24 is not required to be examined by this Court, particularly as a statutory remedy is available and the demarcation order is otherwise not assailed.
Leaving it open for the petitioner to pursue appropriate remedy under Section 24 (4) of the U.P. Revenue Code, 2006, this petition stands disposed off.
Order Date :- 23.12.2021 Bhaskar