Atar Singh and 3 Others v. State of U.P. and 3 Others

Court No. - 32 Case :- WRIT - C No. - 35342 of 2023 Petitioner :- Atar Singh And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rakesh Kumar Tripathi,Anupama Tripathi Counsel for Respondent :- C.S.C.,Hari Narayan Singh Hon'ble Salil Kumar Rai,J. Hon'ble Surendra Singh-I,J.

¶1The present petition has been filed praying for mandamus commanding the respondent/Revenue Authorities not to dispossess the petitioners from plot no. 222Ga.

¶2The khatauni of the plot no. 222Ga annexed with the writ petition in this case shows that the plot has been recorded as banjar in the revenue record.

¶3In view of the aforesaid, prima facie the petitioners have no title over the said plot and the prayer cannot be granted.

¶4In case the petitioners claim that the trees planted by them or their ancestors are not on plot no. 222Ga but on any area of plot no. 222 which vested in the petitioners, the petitioners can institute appropriate proceedings u/s 24 of the U.P. Revenue Code, 2006 for demarcation of plots before the Sub-Divisional Officer. The petitioners may also institute proceedings for declaration of their rights if they claim that they were the owners of plot no. 222Ga.

¶5In view of the aforesaid, the present petition is not maintainable and is dismissed.

¶6However, the petitioners may exercise the remedies available to them under the law as referred above. Order Date :- 12.10.2023 KS High Court of Judicature at Allahabad