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2025 DAILYLAW 68527 (ALL)

DEVENDER SHARMA v. STATE OF U.P. AND 3 OTHERS

WRIC/20359/2025 · 2025-07-06

Ashwani Kumar Mishra, Jayant Banerji

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:105763-DB Court No. - 40 Case :- WRIT - C No. - 20359 of 2025 Petitioner :- Devender Sharma Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Amit Krishna Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Jayant Banerji,J. Petitioner claims to be the bhumidhar of Plot No.91 area 0.1140 hectares situated in Village Bahsuma, District Meerut. The adjoining Plot No.92 belongs to Nagar Panchayat, Bahsuma. A notice has been issued to the petitioner on 29.3.2025 stating that the petitioner has encroached upon the land of Plot No.92 which is owned by the Nagar Panchayat, Bahsuma. The notice is challenged on the ground that the petitioner in fact has not encroached upon the land of Plot No.92 but he is in possession over Plot No.91 only. A representation has also been made to Tehsildar stating that without carrying out any demarcation in the presence of the petitioner he is sought to be dispossessed. Learned Standing counsel opposes the writ petition on the ground that there apparently is a dispute of demarcation for which the remedy lies elsewhere. Having heard learned counsel for the parties, we find that the issue raised in this petition essentially relates to demarcation of Plot No.91 viz-a-viz Plot No.92 of Village Bahsuma. The proper course for the purpose would be to approach the competent forum under Section 24 of the U.P. Revenue Code, 2006. In such circumstances, we dispose of this petition with the direction upon the third respondent to examine petitioner's reply to the notice and pass appropriate orders, in accordance with law. In the event, any issue of demarcation is found to arise in the matter the Sub-Divisional Magistrate shall constitute a revenue team and appropriate demarcation shall be carried out of the plots within a period of ten days. The demarcation shall be carried out after notice to the petitioner. Based on such demarcation appropriate action, as may be required in law, shall be taken by the authorities. Till an appropriate order in terms of above direction is passed, the parties shall maintain status quo on the spot provided certified copies of this order are served on respondent nos.3 and 4 and on the Sub-Divisional Magistrate concerned within three days from today. With the above observation/direction, the writ petition stands disposed of. Order Date :- 7.7.2025 RA Digitally signed by :- RAZIQ ALI High Court of Judicature at Allahabad