Petitioner sought mandamus directing the District Magistrate to decide a representation and implement demarcation proceedings. The Court ordered spot implementation within four months, ensuring no damage to standing crops.
Implemented the order dated 12.09.2022 on the spot within four months, ensuring rights of parties and no damage to crops.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 10
Case :- WRIT - C No. - 5421 of 2023
Petitioner :- Vipin Kumar Respondent :- State Of U.P. And 19 Others Counsel for Petitioner :- Digvijay Tiwari Counsel for Respondent :- CSC,Krishna Kant Singh
Hon'ble Kshitij Shailendra,J.
Heard Shri Digvijay Tiwari, learned counsel for the petitioner, learned Standing Counsel representing the State-respondents and Shri Krishna Kant Singh, learned counsel for Gaon Sabha.
This petition has been filed seeking the following reliefs:
"(a) Issue a writ, order or direction in the nature of mandamus commanding and directing the District Magistrate, district Aligarh/respondent No. 2 to decide the representation/application dated 04.02.2023 within stipulated time, which has been filed by the petitioner before him on Tehsil Diwas.
(b) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent authorities to initiate the demarcation proceedings of petitioner's Gata No. 1601, area 7 bigha, 11 bise, 8 biswansi immediately."
On the last occasion, this Court passed the order dated 21.03.2023, calling upon the Sub Divisional Magistrate, Tehsil Iglas, Aligarh to file his personal affidavit showing cause as to why demarcation in terms of the order dated 12.09.2022 passed in Case No. 3850 of 2022 has not been ensured by him. The order dated 21.03.2023 is reproduced herein-below:
"The Sub Divisional Magistrate, Tehsil Iglas, Aligarh shall file his personal affidavit showing cause why he has not ensured that demarcation in terms of his order dated 12.09.2022 passed in Case No. 3850 of 2022, Vipin Kumar v. Indrawati and others is duly carried out.
The affidavit shall be filed within a week.
Lay as fresh on 02.03.2023.
Let this order be communicated to the Sub Divisional
Magistrate, Tehsil Iglas, Aligarh through the Collector, Aligarh by the Registrar (Compliance) within 48 hours."
Today, personal affidavit of Ms. Bhawna Vimal, the present Sub Divisional Magistrate, Tehsil Iglas, District Aligarh has been filed by learned Standing Counsel.
Paragraph Nos. 5 to 7 of the said affidavit are reproduced hereinbelow:
""5. That, however, at the time of passing the order dated 12.09.2022, the wheat and potato crops sown were standing over it and as such if the compliance of the order dated 12.09.2022 would be carried out, at that time, then the 16 defendants who have also been made party before this Hon'ble Court would have been affected, thereon, though, the deponent has directed to Revenue Inspector to comply the order dated 12.09.2022 on the spot and as such the revenue inspector went on spot on 24.11.2022 and found the spot position as stated above is existing thereon and reported the matter by filing its report dated 24.11.2022. The copy of the report dated 24.11.2022 and the spot memo is being filed herewith and marked as Annexure No.1 to this affidavit.
6. That, thereafter, an application dated 01.02.2023 and 04.02.2023 have been moved by the petitioner before the respondent No. 3 and in Tehsil Diwas, respectively, and as such on 08.02.2023, the Revenue Inspector went on spot along with revenue team, again, however, on the spot the crops sown by the adjoining tenure holders and the petitioner were still standing, thereon, over the adjoining plots and the Plot No. 1601 relating to the petitioner, therefore, if the order dated 12.09.2022 would be carried out, at present, the crop standing over the adjoining land as stated above, would be ruined. The copy of the report along with spot memo and photographs are being filed herewith and marked as Annexure No. 2 to this personal affidavit.
7. That it is respectfully submitted that after the harvesting of the crops by the contesting respondents and the petitioner as stated above, the deponent will comply the order dated 12.09.2022, as earlier as possible, on the spot."
A perusal of the affidavit filed by Sub Divisional Magistrate, Tehsil Iglas, Aligarh shows that on account of certain standing crops on the spot, the order dated 12.09.2022 sought to be
implemented, could not be implemented. However, it has been fairly stated that the said order shall be complied with, as early as possible on the spot.
Having heard the learned counsel for the parties, this writ petition is being disposed of in the following terms:
(1) The order dated 12.09.2022 passed in Case No. 3850 of 2022 (Vipin Kumar Vs Indrawati and others) shall be implemented on the spot within a period of four months from today.
(2) While proceeding to implement the said order, the rights and interest of all the concerned parties i.e. private respondents shall be taken care of.
(3) The Authorities concerned shall also take care of the fact that while completing the demarcation activities, no damage be caused to the standing crops on the spot.
Order Date :- 2.3.2023 Sazia
Digitally signed by :- SAZIA AQUIL High Court of Judicature at Allahabad
1 issue framed by the court
Whether the District Magistrate should be directed to implement the demarcation of Gata No. 1601 within a stipulated time.
Vipin Kumar
State Of U.P.
Kshitij Shailendra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
