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SURESHWAR THAKUR, KULDEEP TIWARI
Hari Ram – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Sureshwar Thakur, J. (Oral)
As revealed by Annexure P-33, which becomes appended to CM- 1579-2023 (in CWP-2485-2021), a revenue rasta exists upon khasra No. 264/2. The dimensions of said revenue rasta is 5 kanals and 7 marlas. It is also detailed in Annexure P-33, that the said rasta is owned by Gram Panchayat concerned. Therefore, all the persons, who have any lawful rights to exercise thereons their easmentary rights, but naturally cannot be deprived from their making such exercising(s) thereons nor prima facie the private builders concerned, can make any apposite obstructions.
2. It is also revealed from a perusal of the sanction plan, as is drawn in favour of the builder concerned, that the competent authority, has in respect of the lands concerned, rather granted sanction to the private builder to raise construction but on lands lawfully owned, and, possessed by such builder.
3. The dispute which has emerged in both the writ petitions, is with respect to purported encroachments being made, and/or not being made, upon the above revenue rasta. The Petitioners in CWP No. 2485 of 2021, make a submission through their counsel, that the revenue rasta concerned, has been encro
The court emphasized that easementary rights must be respected in land use decisions and disputes regarding such rights require resolution through statutory processes rather than summary writ proceed....
The plaintiff's appeal against the dismissal of her suit was rejected as the demarcation report showed lawful encroachment on government land.
The Tehsildar exceeded jurisdiction by acting before the Gram Panchayat's decision, necessitating civil suits for disputed easement claims rather than summary proceedings.
Eviction orders under the U.P. Revenue Code require measurement and demarcation to establish illegal possession; failure to do so renders such orders unsustainable.
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