RAM KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the petitioners, Shri Sanjay Kumar Singh, learned Standing Counsel for the State respondents and Shri Ram Sewak, learned counsel for the Gaon Sabha. The present writ petition has been preferred for a direction commanding the State respondents first and second to take action against the other respondents, who have illegally /without any demarcation and measurement created new passage over the bhumidhari land of Khasra Plot no.560-Kha of the petitioner. Further prayer has been made to direct the sixth and seventh respondents not to interfere in the peaceful possession of the petitioner over Gata no.560-Kha, situated in Village Jarahi, Pargana Kewai, Tehsil Handia, District Allahabad and pay the damages to the petitioner, which has been caused by the respondents by demolishing the legal construction of the petitioner.

(2.) Record in question reflects that the matter was taken up on 24.08.2018 and the Court has proceeded to pass following order:- "Demarcation was required as per the order dated 21st of July, 2018. Today, learned Standing Counsel states that no demarcation has been done. Put up this case on 12.09.2018 in the additional cause list. By that date, demarcation will be definitely done in accordance with law under Sec. 24 of U.P. Revenue Code, 2006. The petitioner will also participate in the proceeding. Further, the Sub-Divisional Officer, Handia shall also indicate as to under which provision of law, he had passed the order dated 06.04.2018. Put up this case on 12.09.2018 in the additional cause list."

(3.) Thereafter again the matter was taken up on 26.09.2018, the Court has proceeded to pass the detailed order with following effect:- "Sri Ram Sewak, Advocate has filed his Vakalatnama on behalf of the respondent No.7. It may be kept on record. The petitioner being aggrieved by the fact that certain constructions of his which were situate on Plot No. 560-Kha had been removed without any demarcation only to carve out a Rasta for the respondent No.7 had filed this writ petition and had prayed that his possession be restored and action be taken against the respondents. The respondent No. 7 has appeared through Sri Ram Sewak, Advocate. He may file his counter affidavit by the 23.10.2018. In the meantime, the District Magistrate, Allahabad may get a proper demarcation done and get the Plot No. 560-Kha, which belongs to the petitioner demarcated. Under the various Revenue laws no tenure holder can be deprived of his land arbitrarily and therefore if it is found that the petitioner has been wrongfully deprived of his land then the petitioner will have to be compensated. List this case on 22.10.2018."