Court No. - 2 Case :- WRIT - C No. - 71959 of 2009 Petitioner :- Virendra Singh And Others Respondent :- State Of U.P. And Others Petitioner Counsel :- S.S. Yadav,B.K. Singh Respondent Counsel :- C.S.C.,Illigible Hon'ble Ashok Bhushan,J.
Hon’ble Virendra Singh,J.
Heard learned counsel for the petitioner.
By this writ petition, the petitioners have prayed for a mandamus
commanding respondent no. 2 to decide the claim of the
petitioners and also to direct the authority concerned to demarcate
the raod and plot no. 755 and thereafter the road be constructed.
The petitioners claim to be bhoomidhar of Plot No. 145. The
petitioners’ grievance is that the petitioners have sown the crop on
Plot No. 145 which is threatened to be damaged. In regard to the
construction of road, the issues raised in the writ petition requires
measurement on the spot and adjudication of facts for which the
appropriate remedy available to the petitioner is to make an
application under the provisions of the U.P. Land Revenue Act,
1901. The writ petition for the aforesaid relief cannot be
entertained. The petitioner may make an appropriate application
under the U.P. Land Revenue Act, 1901.
The writ petition is dismissed with the aforesaid observations.
Order Date :- 18.1.2010
Jaideep/-