Sanavvar Ali and Another v. State of U.P. Thru. Prin. Secy. Revenue Lko. and 5 Others

Court No. - 3 Case :- WRIT - C No. - 9639 of 2023 Petitioner :- Sanavvar Ali And Another Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Lko. And 5 Others Counsel for Petitioner :- Abdul Alim Khan Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey Hon'ble Vivek Chaudhary,J. Hon'ble Manish Kumar,J. Heard learned counsel for petitioners, Sri Dilip Kumar Pandey, learned counsel for respondent no.6 and the learned Standing Counsel for the State. Present writ petition is filed by the petitioners claiming that they are owners of land bearing Gata No.2199 min, area 0.0630 hect. and Gata No.2316 Min area 0.1900 hect. and 0.2530 hect. which are the bhumidhari land situated at Village Adaura, Pargana-Auras, Tehsil-Hasanganj, District Unnao. The Gaon Sabha does not own the said land but road is being constructed on the same. Learned Standing Counsel and learned counsel for the Gaon Sabha on instructions states that as on date no road is being constructed and the road is existed there for last many years. The dispute with regard to the demarcation of land can be decided only through application under Section 24 of U.P. Revenue Code, 2006. If such application is filed by the petitioners before the S.D.M. concerned, the same shall be decided by him within six weeks thereafter. It is made clear that this court has not applied itself on the merits of the case and all questions are left open to be considered and decided by the competent authority in accordance with law. With the aforesaid directions, present writ petition is disposed of. Order Date :- 3.11.2023 Arti/- [Manish Kumar,J.] [Vivek Chaudhary,J.] High Court of Judicature at Allahabad, Lucknow Bench