Dismissed

Raj Singh v. State of U.P. and Another

Allahabad HC11 Jun 2020A482/7624/2020

Case brief

AI extract

What is this about?

In an application under Section 482 CrPC challenging a charge-sheet and cognizance order, the applicant claimed ownership of one-third of the land but failed to challenge administrative orders declaring the rest as State land. The court upheld the grounds, emphasising the applicant's duty to initiate demarcation proceedings and finding the application without merit.

What the court decided

AI extract

Raj Singh Vs State of U.P. and Another — Constitutional and Fundamental Rights | Allahabad HC (2020)

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Court No. - 39

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Case :- APPLICATION U/S 482 No. - 7624 of 2020

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Applicant :- Raj Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashok Kumar Singh Bais Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Sunita Agarwal,J.

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Heard Sri Ashok Kumar Singh Bais, learned Advocate appearing for the applicant and learned AGA for the Staterespondent.

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The present application is directed against the charge-sheet dated 06.08.2019 as also the cognizance order dated 12.12.2019 passed by the Civil Judge (S.D.) F.T.C./A.C.J.M. Saharanpur in Case No. 763 of 2019 (State vs. Raj Singh) arising out of Case Crime No. 493 of 2019 under Section 353 I.P.C. and 3/4 Prevention of Damage to Public Property Act, 1984, P.S.Gangoh, District- Saharanpur.

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The contention of learned counsel for the applicant to assail the charge-sheet and the cognizance order is that the 1/3 portion of plots in question is in the ownership of the applicant and without any demarcation of the plots in question, it was not possible for the State-respondent to hand over possession of 2/3 part of the plots in question to some other person.

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Having considered the above, pertinent is to note that land Khasra No. 208/4/9/32 area 02360 hectare 208/4/10 area 02360 hectare 208/4/11 area 04410, 208/4/10 area 03590 hectare 210/47 area 0.1810, 210/49 area 01950 hectare total Khasra No. 208/4/2 area 5120 hectare 210/57 area 0.441 hectare has been recorded as a land of State Government, possession of which had been handed over to one Abbas s/o Shahabuddin r/o Bahadur Nagar Majra Lakhnauti on 07.05.2019, pursuant to the order dated 08.08.2017 passed by the Additional District Magistrate (Finance and Revenue), Saharanpur as also the order dated 03.05.2019 passed by the Sub Divisional Officer, Nakud. However, the applicant herein is in unauthorised occupation of the above portion of the land in question and on 13.05.2019 he had obstructed the proceeding of handing over of the physical possession of the land in question to the allottee namely Sri Abbas s/o Shahabuddin.

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In none of the paragraphs of the application, it is disclosed that the applicant had challenged the orders passed by the competent

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authority in declaring 2/3 part of the land in question as the State land and handing over or allotment of the same to Abbas s/o Shahabuddin. There is no whisper that any proceeding has been initiated by the applicant to challenge the same.

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Moreover, the applicant being the owner of 1/3 portion of the land in question, as per his own version, cannot claim possession of the land beyond his ownership or obstruct the competent authorities.

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For any dispute with regard to the demarcation or the identity of the land owned by the applicant, it is incumbent that proceedings for demarcation be initiated by the applicant. Moreover, there is no whisper in the application that the land is not identifiable and not demarcated.

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In view of all the aforesaid facts, no interference is required.

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The application is found devoid of merits and hence dismissed .

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It is, however, kept open for the applicant to take appropriate decision before the court/authority concerned for demarcation or any other purpose.

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Order Date :- 11.6.2020 P Kesari

Raj Singh v. State of U.P. and Another

Case brief

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Raj Singh v. State of U.P. and Another

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