High Court
Case Details
Court No. - 18 Case :- WRIT - B No. - 1496 of 2022 Petitioner :- Ashok And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Surendra Pratap Singh Counsel for Respondent :- C.S.C.,Kapil Kumar,Ramesh Pundir Hon'ble Chandra Kumar Rai,J. Supplementary affidavit filed today on behalf of the petitioners is taken on record.
Legal Reasoning
Heard Sri S.P. Singh, learned counsel for the petitioners and learned Standing Counsel for the State-respondents. The instant writ petition has been filed for mandamus directing the respondent-authorities to measure plot No. 863 and plot No. 1551 in pursuance of the order of respondent no. 2 in accordance with the Khatauni of the petitioners. This Court on 14.10.2022 after hearing learned counsel for the parties passed the following orders :- "In pursuance of the order dated 31.08.2022, passed by this Court, learned Standing Counsel has submitted copy of the instructions. For ready reference order dated 31.08.2022 is quoted herein below :- "The instructions submitted by the learned Standing Counsel, is taken on record. In pursuance of the order dated 31.08.2022 learned Standing Counsel has submitted copy of instructions dated 23.08.2022, which is duly served upon the counsel for the petitioner. Learned counsel for the petitioner has disputed the contents of instructions as supplied by the learned Standing Counsel and prays for one week time to file a short reply to the said instructions. List this matter as fresh on 8th September, 2022." As per instructions, learned Standing Counsel submits that demarcation has already been conducted and report has been submitted on 08.07.2022. It is further averred in the instructions that despite knowledge, the petitioners have not cooperated with the Committee. In short reply to said instructions, the petitioner no. 1 has filed his personal affidavit on behalf of all the petitioners denying the factum of demarcation, as mentioned in the instructions. Relevant paragraph nos. 5 to 8 of the affidavit filed by the petitioners is quoted herein below :- "5. That after perusal of the said notice it is clear that notice was issued on 08.08.2022 and date was fixed on 10.08.2022 for measurement of the chak, how it is possible that measurement of this chak was done on 08.07.2022. 6. That the averments/facts given in the bottom of the page no.1 of instructions is totally wrong, no measurement was done regarding the plots of the petitioners in pursuance of the order passed by the Collector. 7. That the allegation against the petitioners that the petitioners were present but not signed on the spot inspection report it is totally wrong. The photographs has been filed with the inspection report at page no. 3 of the photos, during the argument of the learned Standing Counsel on the last occasion on 14.09.2022 given argument that at the time of measurement at point of zari the petitioners were present. It is also wrong. It is submitted here that the photographs which has been filed along with inspection report that they came on spot and jari point was given by the petitioner no. 3 Arjun but no measurement was done, photographs was obtained only for creating the confusion to Hon'ble Court. It is further submitted that at the time of measurement it was done the petitioners and other tenure holders of the connected chaks were present, the Pradhan of the village was also required, because in the report at the page no. 1 of the bottom it is mentioned that the land belongs to Gaon Sabha, in the order of the Collector is it also mention that the connected chak holders may also be look out of facts given in the report, then it is duty of the authorities to obtain the sign of the other villagers or connected chak holders, there is no sign of the petitioner or any connected chak holder or Gram Pradhan, it is also submitted here that no measurement of the chak of the petitioners was done in pursuance of the order passed by the Collector and also it is confirming by the notice issued by the consolidation officer. 8. That the averments and facts given in the inspection is wrong, till date no measurement of the chak of the petitioners was done in pursuance of the order passed by the Collector and order of the Collector is subjudice the matter of the present writ petition, hence this Hon'ble Court graciously be pleased to direct the authorities concerned to measure the chak of the petitioners and petitioners grievances may be protected." In this eventuality, wherein factum of demarcation is disputed, it would be appropriate to issue a direction to the District Magistrate, Bulandshahr to file his personal affidavit with respet to the factum of demarcation, as mentioned in the instructions, after due enquiry and giving proper opportunity of hearing to the petitioners who have denied the contents of the instructions as well as report dated 08.07.2022. It is ordered accordingly. The District Magistrate shall submit his affidavit after due enquiry with respect to the required information, as mentioned above, within a period of twenty days. The Registrar (Compliance) is hereby directed to communicate this order to the District Magistrate, Bulandshahr within two days for necessary compliance of the order of the date, on or before the next date fixed. List this matter on 02.11.2022 in top ten cases in the additional cause list." In compliance of the order of this Court dated 14.10.2022, the personal affidavit has been filed by the District Magistrate stating that a team of the district authorities under Chairmanship of Sub- Divisional Magistrate has been constituted and demarcation has taken place on 26.10.2022. Demarcation report has been annexed as Annexure-PA-2 to the personal affidavit. It is also mentioned in the personal affidavit that petitioner's co- sharers Mangpal Singh, S/o of Udaiveer Singh has constructed a pucca house and is using the same as Abadi land. It is also mentioned that Civil Suit No. 1031 of 2022 (Mangpal Singh and others Vs. Ashok Kumar and others), is pending before the Civil Court. Learned counsel for the petitioners has filed a supplementary affidavit stating that it is admitted that civil suit is pending before the Civil Court, but Civil Court is not proceeding with the matter on the ground that writ petition is pending before this Court. He further place the order dated 7.4.2023 passed by the Civil Court, which has been annexed as SA-1 to the supplementary affidavit.
Decision
Considering the facts and circumstances, no cause of action now survives in the writ petition as demarcation has taken place on the spot. The writ petition is accordingly disposed of. So far as the pendency of the civil suit is concerned, the same shall be decided in accordance with law by the Civil Court concerned. Order Date :- 1.5.2023 S.K.S. Digitally signed by :- SUNIL KUMAR SINGH High Court of Judicature at Allahabad