Court No. - 3 Case :- CONSOLIDATION No. - 97 of 2010 Petitioner :- Ravindra Dev And Ors. Respondent :- Deputy Director Consolidation Faizabad And Ors. Petitioner Counsel :- Aditya Tewari Respondent Counsel :- C.S.C.,R.N.Gupta Hon'ble Shri Narayan Shukla,J.
The petitioner has prayed for issuing a writ of of mandamus directing to the
opposite parties not to make delivery of possession under Section 26 of the
U.P.C.H.Act of the newly allotted chak roads Nos.515 & 516 for three months
till riping of crops of wheat, pea, potato, mustard etc. sowed on plots of the
petitioners situated adjacent to the said chak roads. However, I am of the view
that once the plot No.515 and 516 are recorded as Chak roads, the petitioners
have no right to make cultivation over there and in any manner they have no
right to possess over the chak road, therefore, I am not inclined to interfere in
the matter. However, since the learned counsel for the petitioners undertakes
to remove the encroachment from the chak road, for which he seeks a week’s
time, I hereby provide that if within a week the petitioners fail to remove the
encroachment from the chak road, the authorities would be at liberty to
remove the encroachment from the chak road on the costs of the petitioners.
In view of above the writ petition is dismissed.
Order Date :- 4.2.2010
Banswar