The Chief Justice's Court held that the PIL seeking mandamus to demarcate village land and fix Nagar Nigam boundaries was not maintainable. The petition was disposed of, allowing the petitioner to approach the concerned authority for such relief.
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Chief Justice's Court
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 63291 of 2017
Petitioner :- Sri Om Tyagi Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Om Prakash Rai Counsel for Respondent :- C.S.C.,Brijesh Ojha
Hon'ble Dilip B. Bhosale,Chief Justice Hon'ble Suneet Kumar,J.
Heard Mr. Om Prakash Rai, learned counsel for the petitioner and Mr. Brijesh Ojha, learned counsel for respondent No. 4.
The only prayer made in the instant public interest litigation reads thus:
" (A)- Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent no. 2 and 4 to decide the grievance of the petitioner's villagers in village Sihani for demarcating the land which is recorded in possession of the petitioner's villagers in revenue record and also fix the boundary of the Nagar Nigam area. "
From bare perusal of the prayer, we are satisfied that the PIL for such a relief is not maintainable. It is always open to an aggrieved person to seek demarcation of land, if he so desires and is advised. Petition is disposed of with liberty to the petitioner to approach the concerned authority for seeking demarcation, as prayed.
Order Date :- 3.1.2018 VMA
(Dilip B Bhosale, CJ)
(Suneet Kumar, J)
1 issue framed by the court
Whether a PIL is maintainable for directing authorities to demarcate village land and fix Nagar Nigam area boundaries.
Sri Om Tyagi
State Of U.P.
4 Others
Dilip B. Bhosale
Suneet Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
