Court No. - 18
Case :- WRIT - C No. - 19745 of 2018 Petitioner :- Suleman Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ravindra Kumar Yadav Counsel for Respondent :- C.S.C.,Manoj Kumar Yadav
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the parties.
This writ petition is preferred against the order dated 05.03.2018 passed by District Magistrate, Jaunpur in Revision no.2909/2017 under Section 333 UPZA&LR Act (Suleman vs. State of U.P. and others) and order dated 14.09.2016 passed by Trial Court in proceeding under Section 122-B UPZA&LR Act (Report vs. Suleman). Further prayer has been made to ask the respondents not to interfere in the peaceful possession of the petitioner in disputed land and not to demolish the construction situated in Arazi no.176.
Learned counsel for the petitioner submits that the petitioner is in possession over a plot, which has no concern with the disputed plot, and ends of justice would be met, if a fresh direction is issued to the authority concerned to carry out fresh spot inspection and demarcation, subject to objections, if any, by the petitioner.
Learned Standing Counsel appearing for the State respondents and Shri Manoj Kumar Yadav, learned counsel for respondent no.3 have no objection.
This writ petition is disposed of with the direction to the competent authority concern to carry out fresh spot inspection and demarcation of the plot in question in accordance with law, as expeditiously as possible preferably within two months and in the event the report is adverse to the petitioner, he shall be given an opportunity to prefer objections/evidence, if any.
The orders dated 05.03.2018 and 14.09.2016 shall abide the fresh order so passed by the competent authority concerned.
Order Date :- 29.5.2018 A. Pandey