UMESH KUMAR SINDHI Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Mr. Kshitij Shailendra, Counsel for the petitioner, Mr. Abhishek Shukla, learned Additional Chief Standing Counsel for the State respondents Mr. Azad Rai, Counsel for respondent No. 3 Gram Sabha and Mr. Gireesh Chandra Tiwari, Counsel for respondent Nos. 4, 5 and 6.

(2.) The instant petition has been filed for mandamus commanding the Sub Divisional Officer /Competent Authority, Karchhana, Prayagraj respondent No. 2 to decide the applications dtd. 16/4/2022, 4/6/2022,18/6/2022, 21/6/2022 and 2/7/2022 filed by the petitioner to ensure compliance of the order dtd. 10/8/2015 within stipulated period.

(3.) Counsel for the petitioner submitted that a case bearing case No. 720140203059322 of 2014 under Sec. 41 of the U.P. Land Revenue Act (Ramesh Chandra Singh and others v. Gram Sabha) has been filed by Co sherers of plot No. 235 and on the basis of report of revenue authorities, the final order was passed on 10/8/2015 to demarcate the plot in question. It is further submitted that order dtd. 10/8/2015 was implemented and boundaries of the land in dispute were demarcated as well as marked by stone marking in the presence of the parties. He also submitted that successors of Ramesh Chandra and other co sharers have dismantled the stone markings and demolished the boundary wall, therefore, petitioner being owner of plot No. 250 filed various applications for implentation of the order dtd. 10/8/2015 passed in respect to plot No.235. Counsel for the petitioner placed reliance upon the provisions contained under Sec. 20, 21, 22 and 23 of the U.P. Revenue Code, 2006 which are as follows: