Kitabul Nisha and 6 Others v. State of U.P. Thru. Prin. Secy. Rev. Civil Sectt. U.P. Lko. and 4 Others

Court No. - 3 Case :- WRIT - C No. - 5495 of 2022 Petitioner :- Kitabul Nisha And 6 Others Respondent :- State Of U.P. Thru. Prin. Secy. Rev. Civil Sectt. U.P. Lko. And 4 Others Counsel for Petitioner :- Dinesh Kumar Ojha Counsel for Respondent :- C.S.C. Hon'ble Vivek Chaudhary,J. Hon'ble Manish Kumar,J.

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

¶2Learned counsel for petitioners submits that earlier alleged proceedings for demarcation which were concluded by order dated 04.08.2020 were not conducted by making proper survey on the fixed points and, thus, the same has no validity in the eyes of law.

¶3A bare perusal of order dated 04.08.2020 shows that the demarcation was not conducted on the basis of survey on the fixed points. Even the later alleged survey dated 06.02.2021 is also conducted without following any process of law.

¶4In view thereof, respondent no.3 Sub Divisional Magistrate, Tehsil-Sadar, District Pratapgarh (U.P.) is directed to conduct fresh proper survey on the basis of fixed points of agricultural plot bearing Gata No.91, 92 and 93kha under Section 24 of U.P. Revenue Code, 2006 and take the proceedings to its logical conclusion, after hearing all the parties concerned, within a period of two months from the date a certified copy of this order is placed before him.

¶5With the aforesaid, the writ petition is disposed of. Order Date :- 6.11.2023 Arti/- [Manish Kumar,J.] [Vivek Chaudhary,J.] High Court of Judicature at Allahabad, Lucknow Bench