Court No. - 9
Case :- WRIT - C No. - 14407 of 2019 Petitioner :- Vinod Kumar Singh Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Rajesh Kumar Singh Counsel for Respondent :- C.S.C.
Hon'ble Anjani Kumar Mishra,J.
Heard.
The writ petition has been filed seeking following relief:-
"Issue a writ, order or direction in the nature of mandamus directing the respondent nos. 2 and 3 to ensure the demarcation of land in dispute bearing Gata No. 239 area 0.618 hectare situated at village-Akbalpur, Pargana-Haveli, Tehsil-Sadar, District-Jaunpur as per map prepared during consolidation operation and restrain the respondent nos. 4 to 7 to encroach upon any portion of land in dispute by making construction over the same."
The contention of counsel for the petitioner is that during consolidation operations, the petitioner did not get possession over the small portion of land allotted in his chak which was not his original holding. It is also submitted that the consolidation operations have since closed by means of a notification under Section 52 of the U.P. Consolidation of Holdings Act.
It is in this context that the prayer quoted above has been made in the writ petition.
In my considered opinion and since the petitioner is not in possession over certain land which allegedly belongs to him, he can only be put in possession on the basis of proper suit for possession proceedings for demarcation are not the proper remedy.
The petitioner may, in case, so advised, file a suit for possession over the land which allegedly belongs to him but is not in his possession.
Subject to above, this petition is dismissed.
Order Date :- 29.4.2019 sweta