Court No. - 3
Case :- WRIT - C No. - 24725 of 2020 Petitioner :- Virendra Kumar Rawat And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajendra Prasad Mishra,Mithilesh Kumar Ojha Counsel for Respondent :- C.S.C.,Pranjal Mehrotra
Hon'ble Manoj Misra,J. Hon'ble Ravi Nath Tilhari,J.
Heard learned counsel for the petitioners; the learned Standing Counsel for the State-respondents 1 and 3; Sri Harsh Vardhan Gupta for the respondent no.2; and perused the record.
The prayer in this petition is to direct the respondent no.3 (District Magistrate, Hathras) to take a decision on the applications of the petitioners dated 09.10.2020 and 20.10.2020 and to stop construction of water tank on Bhumidhari Plot No. 144/2 and 144/3 area 5.924 hectare at village Garhitamana, Tehsil and District Hathras.
Sri Harsh Vardhan Gupta, who has appeared for the respondent no.2 (Jal Nigam), has made a statement that construction is to be raised over plot no. 127, which was provided to the Jal Nigam by Nagar Palika Parishad, Hathras.
Learned counsel for the petitioners submits that plot no. 127 is the plot adjoining the plots of the petitioners and, in fact, constructions are being raised over plot no. 144/2 and 144/3.
As the dispute is in respect of the location of the construction, the same can be addressed by carrying out demarcation proceeding.
In view of the above, we deem it appropriate to dispose off this petition by requiring the District Magistrate, Hathras (respondent no.3) to ensure that plot no. 144/2 and 144/3 at village Garhitamana, Tehsil and District Hathras as well as plot no. 127 are properly demarcated before any constructions are raised thereupon. Such demarcation proceeding may be carried out, if not already carried out, within a period of four weeks from the date of filing of copy of this order after giving opportunity of hearing to the parties concerned.
It is made clear that we have not expressed any opinion as regards the merits of the claim of the petitioners and the direction given above would be operative only if a copy of this order is submitted in the office of the District Magistrate concerned within two weeks from today.
Order Date :- 5.1.2021 Sunil Kr Tiwari