Court No. - 18
Case :- WRIT - C No. - 19920 of 2018 Petitioner :- Sushila Devi Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Amar Nath Pandey Counsel for Respondent :- C.S.C.,Manoj Kumar Yadav
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner and Shri Rajesh Kumar, learned Standing Counsel. Shri Manoj Kumar Yadav appears for Gaon Sabha.
In view of the order proposed to be passed, notices need not go to private respondents.
The petitioner is before this Court asking the second respondent to comply the order dated 24.10.2011/26.4.2017 and to demarcate the plot in question.
Shri Rajesh Kumar, learned Standing Counsel raised an objection that the relief as has been asked for cannot be accorded by this Court. He has also drawn attention of the Court to the order dated 27.6.2017 appended as Anneuxre No.4 to the writ petition, whereby in response to the order dated 24.10.2011 and 26.4.2017 the Revenue Inspector has proceeded to submit report to the SDM indicating therein that after the demarcation of the property in question 'patthargarhi' took place on 27.6.2017. As such it is submitted that once demarcation was ensured by the respondents, then the petitioner cannot ask for restoration of possession in question and compliance of the order dated 24.10.2011 and 26.4.2017. For the said purpose the petitioner has got other efficacious remedy but without exhausting such remedy, the petitioner has approached this Court and as such the writ petition is liable to be dismissed.
It is alleged by the petitioner that private respondents had removed some stones installed by Revenue Inspector and in this regard he has also moved detailed representation before the SDM concerned (appended as Annexure No.5 to the writ petition) but no action has been taken as yet and as such this Court should come for rescue and reprieve of the petitioner.
The Court has proceeded to examine the record in question and find that this is admitted situation that so far as the demarcation is concerned, as per report dated 27.6.2017 submitted by Revenue Inspector, 'patthargarhi' (installation of stone) was done on 27.6.2017.
Considering the facts and circumstances of the case, the writ petition stands disposed of asking the SDM concerned to decide the aforesaid representation of the petitioner appended as Anneuxre No.5 to the writ petition expeditiously but certainly after giving opportunity to the parties concerned.
Order Date :- 29.5.2018 SP/