Court No. - 1
Case :- WRIT - C No. - 24989 of 2020 Petitioner :- Surjan Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajesh Kumar Counsel for Respondent :- C.S.C.
Hon'ble Vivek Agarwal,J.
Sri Rajesh Kumar, learned counsel for the petitioner and Sri V.K. Nagaich, learned Standing Counsel for the State.
Counsel for the petitioner submits that private respondent has obstructed his passage to main road. In this regard he has moved an application to the SDM, Maudaha, District Hamirpur but such application has not been decided and no steps have been taken by the SDM concerned.
A perusal of the writ petition and relief clause which is as under:
Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents, respondent no. 3, Sub Divisional Magistrate, Tehsil Maudaha, District Hamirpur to decide the application/representation of the petitioner dated 25.9.2020 pending before him expeditiously, if possible within stipulated period to be fixed by this Hon'ble Court and he is seeking further relief to direct the respondent no. 3 to restrain the respondent nos. 3 and 4 from interfering the peaceful possession of the petitioner over the Arazi No. 22 area 2.8370 Hect situated at village Sijwahi, pargana and Tehsil Maudaha, district Hamirpur till the disposal of the representation of the petitioner, so that justice may be done.
It appears that there is material disconnect between oral submission and the pleadings on record. At this stage counsel for the petitioner submits that respondent no. 3 and 4 are co- sharers of the land and thus it is apparent that dispute is in regard to demarcation and share of each of co-sharers for which there is adequate remedy available to the petitioner under section 24 of the UP Revenue Code, 2006. If that be so, the petitioner is relegated to avail such remedy as is provided under section 24 of the UP Revenue Code, 2006 and in case petitioner approaches the concerned SDM then it is directed that SDM shall do the needful in accordance with law within a further period of 90 days.
In above terms, the writ petition is disposed of.
Order Date :- 5.1.2021 S.K.S.