Mohd. Istiyak and Others v. State of U.P. Thru. Prin. Secy. Revenue Deptt. U.P. Lucknow and Others

Court No. - 3 Case :- WRIT - C No. - 8847 of 2023 Petitioner :- Mohd. Istiyak And Others Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt. U.P. Lucknow And Others Counsel for Petitioner :- Rahul Srivastava Counsel for Respondent :- C.S.C.,Pankaj Gupta Hon'ble Vivek Chaudhary,J. Hon'ble Manish Kumar,J. Heard learned counsel for the parties and perused the record. The present writ petition has been filed by the petitioners claiming that opposite parties have illegally constructed road over the land of the petitioner i.e. Gata No. 356 area

0.3170 hectare situated at village Dharampur, Pargana and Tehsil-Sadar, District Pratapgarh. Learned Standing Counsel states that the said dispute can be decided under Section 24 of U.P. Revenue Code, 2006 by demarcating the boundaries of plots of petitioner and also by effecting possession in case petitioner is found ousted from the land in question. In view of above, the writ petition is disposed of with a direction to the petitioner to move an application under Section 24 of the U.P. Revenue Code, 2006 before the Sub-Divisional Magistrate Tehsil-Sadar, District Pratapgarh. In case such an application is filed by the petitioner before the Sub-Divisional Magistrate Tehsil-Sadar, District Pratapgarh within ten days' from today, the Sub-Divisional Magistrate concerned shall proceed to get the proceedings concluded within a period of six weeks in accordance with law after hearing all the parties concerned. (Manish Kumar, J.) (Vivek Chaudhary, J.) Order Date :- 12.10.2023 Nitesh High Court of Judicature at Allahabad, Lucknow Bench