The High Court dismissed this writ petition challenging non-implementation of Consolidation Authority orders. The court held that the specific remedy lies under Rule 109-A of the U.P. Consolidation of Holdings Rules.
Direction for demarcation and possession of land was denied; petition dismissed.
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Court No. - 9
Case :- WRIT - B No. - 1146 of 2020
Petitioner :- Uma Shankar Rai Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Abhishek Rai Counsel for Respondent :- C.S.C.
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents.
The writ petition has been filed seeking the following relief:-
"A. Issue a writ, order or direction in the nature of MANDAMUS commanding and directing upon the respondent authorities to pass appropriate orders regarding demarcation as well as possesion of Chak No. 203 (Proposed Plot Nos. 86(Mi) area 0.035 hectare and 116 (Mi) area .247 hectare total area 282 Kadi) located in Village Bibipur, Pargana & Tehsil Nizamabad, District Azamgarh."
From the averment made in the writ petition as also the submission made, it appears that the grievance of the petitioner is that orders passed by the Consolidation Authorities have not been implemented on the spot.
In such a factual background, the remedy available to the petitioner is by means of an application under Rule 109-A of the U.P. Consolidation of Holdings Rules.
The petitioner, in case, so advised may avail the said remedy for redressal of his grievance.
Subject to the above, the writ petition stands dismissed.
Order Date :- 7.10.2020 Mayank
1 issue framed by the court
Whether a writ petition is maintainable for seeking demarcation and possession of agricultural land proposed plots.
1 provisions across 1 enactments
State Of U.P.
Anjani Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
