Paras Nath v. Collector/District Magistrate Distt. Rae Bareli
2014-09-22
D.Y.CHANDRACHUD, DEVENDRA KUMAR UPADHYAYA
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DigiLaw.ai
JUDGMENT Devendra Kumar Upadhyaya, J. The allegation of the petitioner is that the private respondents, respondents 4 to 7 have raised an illegal construction on the land which is recorded in his name. It appears that the petitioner had moved the competent authority for the resolution of his claim. The Sub Divisional Officer, Lalganj by a communication dated 9 July 2014 (Annexure-7) informed the Collector, Raibareli that the appropriate course of action for the petitioner was to take recourse to the provisions of Section 41 of the U.P. Land Revenue Act, 1901 (wrongly referred to in the communication as the U.P. Zamindari Abolition and Land Reforms Act, 1950). 2. The learned counsel appearing for the petitioner submits that the recourse to the remedy under Section 41 may be time consuming. This aspect of the grievance can be duly met by a direction by this Court for the expeditious disposal of the proceedings. Hence, we direct that in the event that the petitioner takes recourse to the remedy available for demarcation under Section 41 of the Act of 1901, the proceeding in question shall be disposed of in accordance with law with due notice to all the affected parties expeditiously, preferably within a period of three months of the receipt of the application. We also direct that in the event the competent authority feels the necessity to requisition the assistance of the law and order machinery for carrying out the demarcation, it will be open to the authority concerned to take necessary help of the law enforcing machinery to ensure that the work of demarcation is completed in accordance with law. 3. The petition is, accordingly, disposed of. There shall be no order as to costs.