Ram Ujagir v. State of U.P. Thru. Prin. Secy Panchayatiraj Civil Sectt. Lko. and 8 Others

Court No. - 3 Case :- WRIT - C No. - 9692 of 2023 Petitioner :- Ram Ujagir Respondent :- State Of U.P. Thru. Prin. Secy Panchayatiraj Civil Sectt. Lko. And 8 Others Counsel for Petitioner :- Ashok Kumar Yadava,Ashwani Kumar Singh Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Vivek Chaudhary,J. Hon'ble Manish Kumar,J.

¶1Heard learned counsel for the petitioners and learned Standing Counsel for the State respondents.

¶2Present writ petition has been filed with the following main relief:- "I. to issue a writ, order or direction in the nature of mandamus commanding the opposite parties to not construct C.C. Road upon the petitioner's land Gata No. 144 and 145 situated at Village Badhiyani Kala, Pargana Bidhar, Tehsil Tanda, District-Ambedkar Nagar. II. to issue a writ, order or direction in the nature of mandamus commanding the opposite parties to construct the C.C. Road over the land reserved for Chakraod i.e. Gata No. 144/451 situated at Village Badhiyani Kala, Pargana Bidhar, Tehsil Tanda, District-Ambedkar Nagar."

¶3Petition is disposed of with liberty to the petitioner to file an application for demarcation of his land before the respondent no. 4-Sub Divisional Magistrate, Tanda, District-Ambedkar nagar within a period of two weeks from today. In case petitioner files such an application under Section 24 of the U.P. Land Revenue Code, 2006 before the respondent no.4, the respondent no.4 shall proceed and decide the same on the basis of proper survey report and shall take the matter to its logical conclusion in accordance with law by a reasoned and speaking order after hearing all the concerned parties, within a period of six weeks from the date a certified copy of this order along with the application for demarcation is placed before him.

¶4With the aforesaid direction, the writ petition is disposed of. It shall also be open for the petitioner in case there is any urgency to file any stay application in the said proceedings, which shall be considered and decided by the appropriate authority as expeditiously as possible. . [Manish Kumar, J.] [Vivek Chaudhary, J.] Order Date :- 6.11.2023 -Amit K-High Court of Judicature at Allahabad, Lucknow Bench