Court No. - 6 Case :- WRIT - C No. - 1169 of 2010 Petitioner :- Tulsidas Respondent :- State Of U.P. And Others Petitioner Counsel :- Ramesh Chandra Dwivedi Respondent Counsel :- C.S.C.,Anuj Kumar Hon'ble Arun Tandon,J.
The allotment of land in favour of the petitioner has been cancelled under the
orders of the Additional District Magistrate dated 29th June, 2006 on the
ground that the land, in respect whereof such Patta has been granted, is
recorded as Talab (pond) and Khalihan in the revenue records and in respect
of such category of land no Patta could have been granted. The order passed
by the Collector has since been affirmed by the Additional Commissioner. It
is against these two orders that the present writ petition has been filed.
The Court finds that specific findings have been recorded by both the Courts
that the land qua which the petitioner claims to have been granted Patta is
recorded in the revenue records as Talab and Khalihan and therefore in
respect of such land no Patta could have been granted.
On behalf of the petitioner the aforesaid findings of fact are sought to be
disputed with reference to various documents on record.
I am of the considered opinion that the issues qua nature of land are involved,
which need examination of evidence and therefore the proper remedy
available to the petitioner is to file a suit for declaration of title and/or for
protecting the construction, which he has raised on the plot in question.
Writ petition is dismissed subject to the observation made.
Order Date :- 12.1.2010
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