Surendra and 6 Others v. State of U.P. and 4 Others

Court No. - 47 Case :- WRIT - C No. - 41916 of 2023 Petitioner :- Surendra And 6 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ashwini Kumar Srivastava Counsel for Respondent :- CSC Hon'ble Manish Kumar Nigam,J.

¶1Heard learned counsel for the parties and perused the record.

¶2The instant writ petition has been filed seeking following relief :- "Issue a Writ, order or direction in the nature of mandamus directing the District Magistrate to consider the representation dated 23.11.2022 and 27.7.2023 [Annexure No.3 and 5] of the petitioners for making an inquiry and Paimish of the Chak Road No.869 situated in the Gram Ajhauta, Pargana - Daurala Tehsil Sardhana District Meerut over which private respondents have made illegal constructions and put their possession."

¶3Learned Standing Counsel has raised a preliminary objection that petitioner has remedy of filing an application u/s 24 of the U.P. Revenue Code, 2006 to get his Chak Road demarcated.

¶4In view of the same, this Court is not inclined to interfere with the matter.

¶5Accordingly, the writ petition is disposed of with liberty to the petitioners to move an appropriate application u/s 24 of the U.P. Revenue Code, 2006. In case such an application is filed by the petitioners within a period of two weeks from the date of production of certified copy of this order, the same will be considered and decided, in accordance with law, expeditiously, preferably within a period of three months thereafter, after giving opportunity of hearing to the parties concerned and without granting unnecessary adjournments to either of the parties provided there is no other legal impediment. Order Date :- 5.12.2023 Rishabh [Manish Kumar Nigam, J.] High Court of Judicature at Allahabad