Kailash v. State of U.P. and 4 Others

Court No. - 49 Case :- WRIT - C No. - 26838 of 2023 Petitioner :- Kailash Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Raj Nath Bhakta,Ajay Kumar Yadav Counsel for Respondent :- C.S.C.,Bhupendra Kumar Tripathi Hon'ble Syed Qamar Hasan Rizvi,J.

¶1Heard Sri Ajay Kumar Yadav and Sri Raj Nath Bhakta, learned counsel for the petitioner, Sri Pankaj Kumar, learned standing counsel for the State-respondent nos. 1 & 2 and Sri Bhupendra Kumar Tripathi, learned counsel appearing on behalf of the respondent no. 3.

¶2The contention of the learned counsel for the petitioner is that vide order dated 13.1.2023, the Sub Divisional Officer, Shahganj, Jaunpur remitted the matter to the Revenue Inspector after confirming the measurement report dated 24.6.2022. By means of the order dated 13.1.2023, the Revenue Inspector was required to proceed for the fixation and demarcation of the boundary.

¶3The contention of the learned counsel for the petitioner is that in the process of the fixation of the boundary marks, the private respondents are creating obstruction. In this regard, he has moved an application before the Sub Divisional Officer, Shahganj, Jaunpur to ensure that the order dated 13.1.2023 be complied with. Till date no order has been passed on the aforesaid application.

¶4Considering the facts and circumstances of the case, without adverting into the merits of the case, this writ petition is finally disposed of with a direction to the Sub Divisional Officer, Shahganj, Jaunpur (respondent no. 2) to look into the matter and pass appropriate orders strictly in accordance with law so as to ensure that the order dated 13.1.2023 be fully complied with.

¶5With these observations, the writ petition is disposed of. Order Date :- 12.10.2023 Arif High Court of Judicature at Allahabad