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Uttarakhand High Court · body

2018 DIGILAW 19 (UTT)

SHYAM SINGH v. TEHSILDAR, JASPUR

2018-01-08

RAJIV SHARMA

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JUDGMENT 1. Mr. Atul Kumar Bansal, Advocate for the petitioner. 2. Mr. P.C. Bisht, Standing Counsel for the State. 3. It is not disputed that the impugned demarcation has been carried out by the Tehsildar. 4. According to Section 227 of U.P. Land Revenue Act, the demarcation is to be carried out by District Magistrate or Assistant Collector in-charge of a sub-division of a district. 5. The impugned demarcation has not been carried by the authorized officer. The authorized officer cannot delegate his power. He cannot seek the report for demarcation from his subordinate officers. The authorised officers are supposed to visit the spot themselves. 6. Accordingly, the writ petition is allowed. The impugned demarcation is quashed and set aside. 7. However, it shall be open for the parties to approach the competent authority for fresh demarcation in accordance with law.