Ram Awatar Singh Yadav v. State of U.P. and 3 Others

Court No. - 52 Case :- WRIT - C No. - 29248 of 2023 Petitioner :- Ram Awatar Singh Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Udai Shankar Chauhan Counsel for Respondent :- C.S.C.,Bhupendra Kumar Tripathi Hon'ble Saurabh Srivastava,J.

¶1Heard Sri Udai Shankar Chauhan, learned counsel for petitioner and Sri Dhananjay Singh, learned Standing Counsel for the State-respondent nos.1 to 3 as well as Sri Bhupendra Kumar Tripathi, learned counsel for respondent no.4.

¶2Present writ petition has been filed seeking a direction in the nature of mandamus to be issued in favour of the respondents not to construct boundary wall of water tank over the petitioner's bhumidhari bearing plot no.140, area 0.167 hectare situated at Village Manpur, Pargana and Tehsil Sadar, District Ghazipur.

¶3Today when the matter has been taken up, learned Standing Counsel came up with the specific instructions which is taken on record through which it has been transpired that construction of water tank has been done over area of 0.0900 hectare from the total area 0.4940 of gata no.140 which is a banjar land.

¶4Learned counsel for the petitioner submitted that he is not aggrieved with the construction of water tank, his grievance is only with regard to the boundary wall which is being constructed over the land pertains to the petitioner.

¶5Considering the grievance of the petitioner, respondent no.3 is hereby directed to demarcate and ensure the area measuring 0.167 hectare pertains to the petitioner in plot no.140 situated at Village Manpur, Pargana and Tehsil Sadar, District Ghazipur.

¶6The aforementioned exercise shall be completed by the respondent no.3 within a period of two months from the date of production of a certified copy of this order before him.

¶7In view of the aforesaid directions, the present petition stands disposed of. Order Date :- 18.10.2023 Vivek Kr. High Court of Judicature at Allahabad