ANIL KUMAR RAJBHAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri S.N. Tripathi along with Sri Udai Shankar Chauhan, for the petitioner, Standing Counsel for State of U.P., Sri Manoj Kumar Yadav, for Gram Panchayat, Sri Ashok Kumar, for respondents-4 and 5 and Sri Virendra Pratap Singh, for respondent-6.

(2.) The writ petition has been filed for quashing the order of Sub-Divisional Officer dated 18.03.2017, allowing the application of respondents-4 and 5 and setting aside the order dated 17.05.2016, approving the resolution of Land Management Committee dated 01.02015, for carving out a pathway through plots 45 (area 0.012 hectare) and 48/2 (area 0.011 hectare) of village Mohiuddinpur, tahsil Kasimabad, district Ghazipur.

(3.) An area of 0.183 hectare of plot 45 is recorded as banjar and an area of 0.152 hectare of plot 45 is recorded as abadi, in which various houses, including house of Nagina (respondent-5) also situates. An area of 0.136 hectare of plot 48/1 is recorded in the name of Jamuna (respondent-4), as bhumidhar-with-transferable right, as Tahsildar has granted patta to him of this land along with plots 26 (area 0-17-11 bigha), 38 (area 0-19-5 bigha), 42 (area 0-1-12 bigha), 52 (area 0-16-5 bigha) and 54 (area 0-8-0 bigha) in 1970. An area of 0.051 hectare of plot 48/2 is recorded as navin parti, in khatauni. Land Management Committee passed resolution dated 01.02.2015, for carving out a pathway from brick-paved road in west i.e. plot 41 to CC road in east, by the side of southern boundary of plot 45, taking an area of 0.012 hectare of plot 45 and an area of 0.011 hectare of plot 48/2 (total width as 15 links and length as 230 links of this pathway) in public interest. Revenue Inspector, after spot inspection, found that resolution dated 01.02.2015 was in public interest as such he through his endorsement dated 17.02.2015 forwarded this resolution to Sub-Divisional Officer for approval. It appears that Lekhpal was again directed to make a spot inspection and submit his report. Lekhpal made a fresh spot inspection and submitted his report dated 06.05.2016, recommending to approve the resolution dated 01.02.2015. Revenue Inspector forwarded it on 08.05.2016 and Tahsildar on 10.05.2016 and was approved by Sub-Divisional Officer on 17.05.2016.