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Neutral Citation No. - 2025:AHC:80642 Court No. - 49 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 648 of 2025 Petitioner :- Sugriv Chauhan Respondent :- State of U.P. and others Counsel for Petitioner :- Adwitiya Prakash Tiwari,Amit Singh,Anshuman Singh Counsel for Respondent :- C.S.C.,Kushmondeya Shahi,Sudhir Bharti,Tanuj Shahi Hon'ble J.J. Munir,J.
1. In the personal affidavit filed by the District Magistrate, Deoria, the stand taken is an eyewash and more of a blame on this Court. This we say because in the earlier order of ours dated 30.04.2025, we had required the District Magistrate to file her own affidavit, indicating what had she to say regarding the averments in paragraph Nos. 5, 6 and 7 of the rejoinder affidavit, where the petitioner had come up with a stand that no physical demarcation of the plot in question was done or permanent marks affixed on site. The petitioner had averred in paragraph No. 5 of his rejoinder affidavit that the compliance was incomplete and merely paperwork. 2. Today, the petitioner says that he is satisfied and now, all boundary marks have been affixed. 3. The District Magistrate, Deoria, on her part, does not acknowledge the fact that there was any infirmity in the affixation of boundary marks earlier carved out, but says that the earlier marks had been correctly fixed, and now, they have been doubly fixed under our orders at the same point, demarcating the same
plot that had earlier been demarcated correctly. This dispute is about Gata No. 208, a chak marg in Village Mayapur, Imiliya, Bhatni, Deoria. The precise stand that the District Magistrate as taken in this regard figures in paragraph No. 9 of her personal affidavit. 4. We find that this demarcation had to be carried out under orders of this Court, because the respondent-Authorities, who are charged with the statutory duty of carrying out affixation of boundary marks, did not discharge their obligations in good time, necessitating this Public Interest Litigation before this Court. 5. While, therefore, consigning this petition to record, we impose costs of ₹2,000 on the District Magistrate, Deoria, which shall be deposited within a week with the learned Registrar General. Costs, as and when these are deposited or realized, shall be credited in the account of the High Court Legal Services Committee.
Order Date :- 15.5.2025 I. Batabyal (J.J. Munir) Judge Digitally signed by :- ISHAN BATABYAL High Court of Judicature at Allahabad