Jhinnu v. State of U.P. Thru. Collector , Sultanpur and Others

Court No. - 3 Case :- WRIT - C No. - 10968 of 2023 Petitioner :- Jhinnu Respondent :- State Of U.P. Thru. Collector , Sultanpur And Others Counsel for Petitioner :- Rakesh Kumar Nayak Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Vivek Chaudhary,J. Hon'ble Manish Kumar,J. Heard learned counsel for the petitioner, learned Standing Counsel for the State respondents and Sri Mohan Singh, learned counsel for the respondent no. 3. Present writ petition has been filed with the following main relief:- "Issue a writ, order or direction, in the nature of Mandamus restraining the opposite party no. 3 for construction of road over the Gata No. 1704 measuring area 0.057-hectare, 1706 area 0.454 hectare and Gata No. 2109 area 0.1140 hectare which is recorded in the name of petitioner and his family members as a transferable right and petitioner is in possession over the aforesaid land. " Petition is disposed of with liberty to the petitioner to file an application for demarcation of Gata Nos. 1704, 1706 and 2109 before the respondent no.2-Sub Divisional Magistrate, Tehsil Kadipur, District Sultanpur 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.2, the respondent no. 2 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 two months from the date a certified copy of this order along with the application for demarcation is placed before him. With the aforesaid direction, the writ petition is disposed of. (Manish Kumar,J) (Vivek Chaudhary,J) Order Date :- 16.12.2023/Ashish High Court of Judicature at Allahabad, Lucknow Bench