Disposed

Shyam Lal and Another v. Sub Dist. Magistrate Tehsil Sarojini Nagar Dist. Lko. and Others

Allahabad HC18 May 2022/2798/2022

Case brief

AI extract

What is this about?

The court addressed a writ petition regarding the non-demarcation of specific land plots. It found the petitioners' initial application violated Rule 22 of the U.P. Revenue Code Rules, 2016. Consequently, the petitioners were directed to file a fresh application strictly adhering to statutory procedures, with a direction that the subsequent decision be made expeditiously.

What did the court decide?

Petitioners permitted to move a fresh application in strict compliance with Rule 22 of U.P. Revenue Code Rules, 2016; respondent directed to decide within three months.

Shyam Lal and Another Vs Sub Dist. Magistrate Tehsil… — Land Acquisition | Allahabad HC (2022)

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Court No. - 2

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Case :- WRIT - C No. - 2798 of 2022 Petitioner :- Shyam Lal And Another Respondent :- Sub Dist. Magistrate Tehsil Sarojini Nagar Dist. Lko. And Others

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Counsel for Petitioner :- Ajay Pratap Singh Counsel for Respondent :- C.S.C.,Namit Sharma

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Hon'ble Devendra Kumar Upadhyaya,J. Hon'ble Subhash Vidyarthi,J.

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Heard learned counsel for the petitioner, learned State Counsel and Mr. Shantanu Gupta, Advocate who has put in appearance on behalf of respondent no.2/Nagar Nigam, Lucknow.

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Grievance of the petitioners is that despite an application dated 28.03.2022 preferred before the Sub Divisional Officer, Sarojni Nagar, District Lucknow, Khasra Plot No.1836 and Khasra Plot No.1892 situate in Village Haibatmau Mawaiya, Pargana Bijnore, Tehsil Sarojini Nagar, District Lucknow are not being demarcated.

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For the purpose of demarcation a statutory provision is given in Section 24 of the U.P. Land Revenue Code, 2006. Rule 22 (2) of U.P. Revenue Code Rules, 2016 prescribes the complete procedure of making application for settlement of boundary dispute. Rule 22 of U.P. Revenue Code Rules, 2016is extracted herein below:

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" 22. Settlement of boundary dispute [Section 24]. -[(1) Under Section 24 (1) of the Code the tenure-holder shall submit two copies for settlement of boundary dispute to the Sub-DivisionalOfficer for one or more than one contiguous gatas, and it shall contain the following particulars:

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(a) Details of Gata-Gata number, name of tenure holder, father/husband's name of village/tehsil. If the tenure-holders are more than one, then particulars of all shall be mentioned; current updated khatauni shall also be to be attached to the application.

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(b) Details of contiguous Gata-Gata number, name of tenure holder, father/husband's name, name of village/tehsil. If the tenure holders are more than one, then particulars of all shall be mentioned. Current updated khatauni shall also be attached to the application.

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(2) If the khata is different in khatauni, but sub-division is not done in sazra-map, then sub-division in sazra-map shall be necessary.

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(3) If boundary of any property of Gram Panchayat/State Government is adjacent to gata/gatas to be demarcated, then the Chairman, Land Management committee/Gram Pradhan and the State Government shall be made a party in the case.

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(4) Only the outer boundary shall be demarcated for an application made for boundary demarcation of contiguous gatas.

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(5) The applicant shall deposit a fee of Rs. 1000/- in Government treasury for the demarcation of gata/attached gatas. A copy of challan receipt shall also be attached with the application form.

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(6) On receipt of an application for demarcation, on the same or next working day, the Sub-Divisional-Officer shall register the case in Revenue Court Computerised Management System (RCCMS). Three copies of notices shall be issued from the computerized system and will be delivered to the Revnue Inspector through Tehsildar.

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(7) The Revenue Inspector shall serve notice to the concerned tenure holder/tenure-holders as mentioned in sub-rule (1), through the Lekhpal or through any other mode. In absence of the tenure-holders, notice will be served to the adult family member of the tenure-holder/ tenure-holders. The information of demarcation shall also be given to the Chairman, Land Management Committee.

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(8) At the time of sending the information or before the demarcation on site, if the Revenue Inspector wants to make any other affected person, a party to the case he can do so.

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(9) After fixing the date of demarcation and intimation to all the

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concerned tenure-holders, the Revenue Inspector or any other revenue official will demarcate the land parcel or parcels, as the case may be, during demarcation if any affected tenureholder is not a party to the case, such tenure-holder shall be made a party to the case by the Revenue Inspector on the spot and he will mention the same in his demarcation report. Demarcation shall be completed within a month from the date of order for the same by the Sub-Divisional Officer.

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(10) The Revenue Inspector or other revenue officials shall prepare the demarcation report along with the site memo. If there are no objections to the same, then after getting the consent and signature of all the concerned parties on the demarcation report, the same shall be sent it to the SubDivisional-Officer through Tehsildar in a week. On receipt of the aforesaid report of the Revenue Inspector, the SubDivisional-officer will pass the order confirming the demarcation report.

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(11) If the affected parties to the demarcation have not given their consent to the demarcation, or if there is any objection to the demarcation report, notice(s) will be issued by the SubDivisional-Officer to all the parties, fixing a date of hearing which shall not be beyond 15 days from the date of issuance of notice.

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(12) The Sub-Divisional-Officer shall pass an order on the matter of boundary demarcation after hearing all the concerned parties. The Revenue Inspector shall comply with such order within two weeks from the date of order, and shall submit his report to the Sub-Divisional-Officer.

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(13) Where the boundary of gata/survey number is not recognizable due to alluvion or diluvion of land, or heavy rain, or due to damage caused by any other reason, then on the application of the Chairman of village Revenue Committee of that village, or on the report of the Revenue Inspector or Lekhpal, or on the joint application signed by all the concerned parties, the Sub-Divisional-Officer shall instruct the Revenue Inspector or Lekhpal by a general or special order in writing, that the demarcate the boundary on ground on the basis of current survey map or, where it is possible, on the basis of possession, and if there is any complaint, then on the advice of

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Village Revenue Committee, resolve the same on the basis of mutual consent. The Revenue Inspector or Lekhpal shall comply with such order within two weeks from the date of order, and will submit his report to the Sub-Divisional-Officer.

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(14) At the time of passing order for demarcation under subrules (10), (13) or (14), the Sub-divisonal-Officer can direct the SHO of the concerned police station to make police force available on the spot at the time of demarcation of land, in order to maintain law and order.

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(15) The Sub-Divisional-Officer, will, try to complete the process within the stipulated time as mentioned in Section 24(3) of the Code and if the process is not completed within such time then the reason for the same shall be recorded.]"

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When we examine the application submitted by the petitioners for settlement of boundary dispute in respect of the aforesaid gata numbers, what we find that the same is not in terms of the provisions contained in Rule 22 of U.P. Revenue Code Rules, 2016.

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Accordingly, we permit the petitioners to move appropriate application in strict compliance of Rule 22 of U.P. Revenue Code Rules, 2016 and once any such application is made, the same shall be considered and decided by the competent authority/Court in accordance with law expeditiously, say, within a period of three months from the date any such application is moved.

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With the aforesaid observation and directions writ petition stands disposed of .

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(Subhash Vidyarthi, J.) (Devendra Kumar Upadhyaya, J.)

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Order Date :- 18.5.2022 Ram.

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Digitally signed by RAM SINGH Date: 2022.05.19 11:27:16 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Shyam Lal and Another v. Sub Dist. Magistrate Tehsil Sarojini Nagar Dist. Lko. and Others

Case brief

What is this about?

What did the court decide?

Shyam Lal and Another v. Sub Dist. Magistrate Tehsil Sarojini Nagar Dist. Lko. and Others

Case brief

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What did the court decide?

What the court decided

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