Hon'ble Mahesh Chandra Tripathi allowed an amendment application in a writ petition seeking non-interference in the petitioner's peaceful possession of land. The court found the grievance redressed by a prior report and disposed of the petition.
Amendment application dated 17.4.2018 allowed; writ petition disposed of.
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Court No. - 18
Case :- WRIT - C No. - 14366 of 2018
Petitioner :- Heera Respondent :- State Of U P And 5 Others Counsel for Petitioner :- Arun Kumar Singh Counsel for Respondent :- C.S.C.,Amresh Singh
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner and Shri Rajesh Kumar, learned Standing Counsel. Shri Amresh Singh has accepted notice on behalf of Gaon Sabha.
The amendment application dated 17.4.2018 is allowed. Let necessary amendment be carried out forthwith.
The petitioner is before this Court asking the respondents not to interfere in peaceful possession of the petitioner upon Gata No.135 area 0.063 Hect. situated at Village Abdul Vahidpur, Pargana Islam Nagar, Tehsil Bisaulee, Distt. Badaun and for a direction to the respondents not to restrain the petitioner for making the boundary wall/ mend over Gata No.135 area 0.063 hect. situated at Village Abdul Vahidpur, Pargana Islam Nagar, Tehsil Bisaulee, Distt. Badaun.
Learned counsel for the petitioner states that regarding the grievance of the petitioner, he has moved representation on 24.01.2018 before the Sub Divisional Officer, Bisaulee, Badaun and on the said application report has also been asked and the Area Lekhpal has also submitted report on 1.2.2018. As such it is submitted that so far as demarcation is concerned, the same has already been done but on account of intervention of the Tehsildar namely Sanjay Kumar, on spot the petitioner could not raise mend/ wall.
Considering the facts and circumstances of the case, the Court is of the considered opinion that so far as the grievance of the petitioner is concerned, the same is moreover redressed as the same is reflected from the report dated 1.2.2018. But so far as the allegations so levelled against the Tehsildar-Shri Sanjay Kumar is concerned, the petitioner would be at liberty to move appropriate application before the District Magistrate concerned and in case any such application is moved within two weeks, this Court hope and trust that the District Magistrate would take all remedial measures in accordance with law expeditiously.
The writ petition is disposed of accordingly.
Order Date :- 20.4.2018 SP/
2 issues framed by the court
Whether the petitioner can claim defense against interference in his peaceful possession of specific land.
Whether direction should be issued to respondents to restrain petitioner from making a boundary wall.
Heera
State Of U P
Mahesh Chandra Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
