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2014 DIGILAW 1229 (ALL)

Rajesh Kumar Singh v. State of U. P.

2014-04-17

D.Y.CHANDRACHUD, DILIP GUPTA

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JUDGMENT HON'BLE DILIP GUPTA, J. The petitioner seeks the following relief : - "(i) To issue a writ, order or direction in the nature of mandamus directing the respondent authorities not to interfere with the possession of the petitioner over plot No.670 area 18 decimal of Khata No.7, situated in village Chit Khas, Pargana Kipachit Sharki, Tehsil and District Ballia in any manner whatsoever except in accordance with law." 2. The petitioner has disclosed that there is a pond which is situated on Gata No.670 but claims that in so far as the occupation of the petitioner is concerned, there is no encroachment on the pond. 3. We are not inclined to enter upon this disputed question. It is always open to the petitioner to apply for demarcation under section 41 of the U.P. Land Revenue Act, 1901. The order passed by Court in this proceeding should not be regarded as an order of restraint on appropriate proceedings taken under section 122-B of the U.P. Zamindari Abolition and Land Reforms Act, 1950. Hence, we decline to entertain the petition. The petitioner has sufficient remedies available in law to pursue his claim or, as a case may be, defence. 4. The writ petition is, accordingly, dismissed.