Allahabad High Court
Kiran Lata Tomar vs State Of U.P. Through D.M. And 3 Others on 29 July, 2020
Bench: Sunita Agarwal, Vivek Varma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 34 Case :- WRIT - C No. - 11451 of 2020 Petitioner :- Kiran Lata Tomar Respondent :- State Of U.P. Through D.M. And 3 Others Counsel for Petitioner :- Rohit Sharan Tomar Counsel for Respondent :- C.S.C.,Kaushal Kishore Mani Hon'ble Mrs. Sunita Agarwal,J.
Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioner, Sri Kaushal Kishore Mani, learned counsel for Gram Sabha and learned Standing Counsel for the State respondents.
The petitioner, herein, seeks writ of mandamus commanding the respondent no. 4, Gaon Sabha through its Pradhan of Village Sigan Khera Tehsil Sadar District Rampur, not to dig brook (????) inside the filed of petitioner over plot no. 1510 situated in village Sigan Khera.
Along with writ petition, the petitioner has annexed copy of khatauni of plot no. 1508 area 0.2150 hectare and has stated that the petitioner is the owner of said land.
So far as the location of brook being dig by Gaon Sabha, nothing has been brought before us except some photographs. We, therefore, do not find it a fit case to interfere. However, in case there is any dispute with regard to location of brook or the act of Gaon Sabha regarding digging of land of petitioner, the petitioner has liberty to move appropriate application for demarcation of land before the competent revenue authority.
The writ petition seeking writ of mandamus on incomplete facts cannot be entertained. Accordingly, same is dismissed.
However, it is provided that in case the petitioner files an application before the competent revenue authority along with the copy of this order within two weeks from today, the competent revenue authority is free to take appropriate decision, expeditiously, preferably within a period of six weeks from the date of filing of application, after providing due opportunity of hearing to the petitioner.
Order Date :- 29.7.2020 Ashish