Petitioner claimed encroachment on his freehold land. Court held that since the land is not agricultural, U.P. Revenue Code does not apply, and the proper remedy is a civil suit. Petition disposed of.
Petition disposed of with liberty to file a civil suit for proper demarcation of the land.
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Court No. - 40
Case :- WRIT - C No. - 6249 of 2021
Petitioner :- Ramnath Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Satish Kumar Pandey,Anil Kumar Bajpai Counsel for Respondent :- C.S.C.
Hon'ble Manoj Misra,J. Hon'ble Jayant Banerji,J.
Heard Sri Anil Kumar Bajpai holding brief of Sri Satish Kumar Pandey, learned counsel for the petitioner and the learned Standing Counsel for the respondents.
The case of the petitioner is that he acquired free hold right in respect of a plot of land adjoining the residence of District Magistrate. The grievance of the petitioner is that the District Magistrate is encroaching upon the land of the petitioner and, therefore, for proper demarcation of the land, he has applied to the District Magistrate Agra. For decision on his application, this petition has been filed.
Learned Standing Counsel has pointed out that the provisions of U.P. Revenue Code, 2006 in respect of demarcation of land would be applicable on such land that is used in connection with agriculture as the definition of 'land' under Section 4(14) of the U.P. Revenue Code,2006 provides that the 'land', except in Chapter VII and VIII and Section 80, 81 and Section 136, means land held or occupied for purposes connected with agriculture.
It is not the case of the petitioner that the land is connected with agriculture.
Under these circumstances, the proper course for the petitioner is to file a proper suit in a Civil Court.
With the aforesaid liberty, the petition is disposed of .
Application, if any, shall also stand disposed of.
Order Date :- 26.7.2021 sfa/
1 issue framed by the court
Whether a writ petition for demarcation of land is maintainable when the land is not used for agricultural purposes under the U.P. Revenue Code, 2006.
1 provisions across 1 enactments
Ramnath
State Of U P
Manoj Misra
Jayant Banerji
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
