Petitioner sought court direction for aid in maintaining possession and construction on ancestral land. Court disposed of petition on consent, directing petitioner to file a representation with relevant materials within two weeks for consideration by authorities.
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Court No. - 40
Case :- WRIT - C No. - 9993 of 2023
Petitioner :- Anil Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Amul Kumar Tyagi Counsel for Respondent :- CSC
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Manjive Shukla,J.
Heard Sri Amul Kumar Tyagi, learned counsel for the petitioner and learned Standing Counsel for the State.
Present writ petition is being preferred for a direction to the respondent authorities to aid and assist the petitioner in maintaining his peaceful possession and carry out the construction activity at his legally owned land.
Learned counsel for the petitioner states that the petitioner is the owner and is in possession of the land measuring 88.245 squire meter situated in Village Kharkari, District Hapur. It is claimed that the said land is the ancestral property of the petitioner and in the revenue record, name of the grand father of the petitioner is recorded as the owner of the land. Petitioner has raised boundary wall on the land in dispute and in the year 2022, certain persons including respondent no. 3 demolished the boundary wall of the petitioner. Petitioner gave written complaint to the police authorities on 24.7.2021. Again petitioner started construction of boundary wall and the persons belonging to the land mafia again reached to the site and threatened the petitioner and did not allow him to raise construction. Hence, petitioner is before this Court under Article 226 of the Constitution of the Constitution of India for a direction to the respondent authorities to restrain the respondent no. 3 and other anti social elements not to interfere in the peaceful possession of the petitioner over the land in dispute.
Learned counsel for the petitioner, in this backdrop, made an allegation against the respondent no. 3 District Magistrate, Hapur District Hapur (HPDA Scheme Anand Vihar, Hapur) alleging therein that he is not permitting him to raise the construction of the boundary wall.
Considering the facts and circumstances of the case, without adverting to the merits of the case and on consent, the writ petition is disposed of asking the petitioner to move a fresh representation annexing all relevant materials in support of his case and ventilating his grievance before the respondent no. 2, within two weeks from today. In case, any such application is being preferred, we hope and trust that the authority concerned would proceed to decide the same strictly in accordance with law, as expeditiously as possible
and preferably within three weeks thereafter, after affording an opportunity of hearing to all the stake holders. Order Date :- 5.4.2023
n.u.
Digitally signed by :- NASEEM UDDIN High Court of Judicature at Allahabad
Anil Kumar
State Of U.P.
2 Others
Mahesh Chandra Tripathi
Manjive Shukla
As recorded by the court registry
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