Court No. - 3 Case :- MISC. BENCH No. - 5921 of 2010 Petitioner :- Phekka, & Others Respondent :- State Of U.P., Thru. Secretary, Urban Development, & Others Petitioner Counsel :- R.B.S. Rathaur Respondent Counsel :- C.S.C.,D.K. Upadhyay Hon'ble Shri Narayan Shukla,J.
Hon’ble Devendra Kumar Arora,J.
Heard Sri R.B.S. Rathaur, learned counsel for the petitioners, learned
Standing Counsel and Sri D.K. Upadhyaya, learned counsel appearing for the
opposite party no.2.
Submission of the learned counsel for the petitioners is that the petitioners
have constructed their house over Gata No. 1310 situated in village Gaharu,
Pargana Bijnore, Tehsil Lucknow. The grievance of the petitioners is that the
opposite-parties have taken initiative to demolish the constructions raised by
the petitioners over the aforesaid plot.
Further submission of the learned counsel for the petitioners is that since the
petitioners are owner of the land and also are in possession, the State
Governement or any authority have no right to dispossess the petitioners from
the land in question. Submission of petitioners’ counsel carry weight. Land
seems to be recorded in the name of persons who have given possession to
petitioners.
Sri D.K.Upadhyay appearing for opposite-party no.2 fairly submits that the
State authorities are ready to demarcate the area/land in question and there is
no such proposal to demolish the petitioners’ premises.
Accordingly, the opposite-parties are directed to demarcate the land in
question keeping in view the entries made in the revenue records before
proceeding further.
In view of the above, the writ petition is disposed of finally.
Order Date :- 22.6.2010
Suresh/-