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Shiv Pyari vs State Of U P And Others

High Court Of Judicature at Allahabad|13 August, 2019
Court No. - 9
Case :- WRIT - C No. - 25967 of 2019 Petitioner :- Shiv Pyari Respondent :- State Of U.P. And 9 Others Counsel for Petitioner :- Uttar Kumar Goswami Counsel for Respondent :- C.S.C.,Shri Ram Pandey
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents.
The instant writ petition has been filed seeking the following relief:-
"(i) a writ order or direction in the nature of mandamus commanding the respondent no. 3, Sub Divisional Magistrate, Akbarpur, District Kanpur Dehat to demarcate the aforesaid land in question i.e. Khasra No. 15 area 0.0510 hectare situated in village Akbarpur, Post Officer Akbarpur, Police Station Akbarpur, Tehsil Akbarpur, District Kanpur Dehat of the petitioner in pursuance of the U.P. Revenue Code, 2006 Chapter IV Boundaries and Boundary Marks Section-24 Dispute Regarding Boundaries;"
Counsel for the petitioner has also placed reliance upon the order passed by this Court on 18.07.2019 in Writ-C No. 22975 of 2019.
From a perusal of the record, it transpires that at least in the instant case, no proper application under Section 24 of the U.P. Revenue Code, 2006 for demarcation was filed by the petitioner. It appears that a mere letter had been given in the office of the respondent.
In case as is the contention of counsel for the petitioner that Writ Petition No. 22975 of 2019 was identical, it is manifestly clear that this Court has urged in passing the order relied upon by counsel for the petitioner.
However, since no application has been filed by anybody for its recall or review, the same stands as it is but for the reasons given in the previous part of the order, the same is not being followed in the instant case.
In my considered opinion, a letter is not the proper manner in instituting proceedings under Section 24 of the Code, for demarcation. In case, the petitioner is serious about demarcation, he should file a proper application under Section 24 of the U.P. Revenue Code, 2006 within a period of ten days from today along with a certified copy of this order.
In case, such an application is filed within the time specified above, it is expected that the Court shall endeavour to decided the proceedings for demarcation as expeditiously as possible.
Order Date :- 13.8.2019 Mayank
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  • Anjani Kumar Mishra
  • Uttar Kumar Goswami