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Smt. Savita Devi vs State Of U.P. Thru Prin. Secy. ...

High Court Of Judicature at Allahabad|30 August, 2019

JUDGMENT / ORDER

Hon'ble Manish Mathur,J.
(ORAL)
1. Smt. Savita Devi has preferred this petition for issuance of a writ in the nature of mandamus directing respondent no.2 (Sub Divisional Magistrate, Tehsil Kadipur, Pargana Aldemau, District Sultanpur) to demarcate land detailed in the prayer clause, and in the petition in accordance with provisions of U.P. Revenue Code Rules, 2016.
2. It is admitted case of the petitioner that in consequence to the application for demarcation, demarcation was made.
Page 56 of the petition which is a part Annexure-6 indicates that physical possession of the land was given to the petitioner on 20.5.2018. The document contains signatures of the petitioner.
3. Contention of learned counsel for the petitioner however is that subsequently again the possession has been disturbed and therefore demarcation be done afresh.
4. We find that seriously disputed questions of facts are involved. In case the petitioner has any grievance against the private parties who are disturbing the possession of the petitioner, the petitioner has appropriate remedy available in revenue or civil law.
5. In the considered opinion of the Court while exercising extraordinary writ jurisdiction the issue cannot be resolved.
6. The writ petition is disposed of with liberty to the petitioner to avail appropriate remedy before the revenue forum or the civil court.
Order Date :- 30.8.2019 Madhu
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Title

Smt. Savita Devi vs State Of U.P. Thru Prin. Secy. ...

Court

High Court Of Judicature at Allahabad

JudgmentDate
30 August, 2019
Judges
  • Ajai Lamba
  • Manish Mathur