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2016 Supreme(All) 1837
ALLAHABAD HIGH COURT
Amreshwar Pratap Sahi, Attau Rahman Masoodi, JJ.
Syed Ozair Hussain And Ors. - Appellant
Versus
District Magistrate Ambedkar Nagar And Ors. - Respondent
Misc. Bench No. - 11998 of 2015
Decided On : 05-01-2016
For the Petitioner: Sudhir Kumar Srivastava, Chandra Shekhar Singh Yad.
For the Respondent: C.S.C.
Demarcation of agricultural land must be conducted in accordance with the formal proceedings under Section 41 of the U.P. Land Revenue Act, 1901, and cannot be solely based on an administrative direction.
Headnote:
U.P. Land Revenue Act - Demarcation of Plot - Administrative Direction
Fact of the Case:
The petitioners sought demarcation of their plot through an administrative application before the District Collector. No action was taken, leading to encroachment issues.
Finding of the Court:
The court emphasized that demarcation of agricultural land cannot be carried out solely based on an administrative direction. Proceedings under Section 41 of the U.P. Land Revenue Act, 1901 must be formally instituted and appropriate action taken in accordance with the Act.
Issues: The key issue was whether demarcation of agricultural land could be carried out based on an administrative direction without following the formal proceedings under Section 41 of the U.P. Land Revenue Act, 1901.
Ratio Decidendi: The court held that demarcation of agricultural land must be conducted in accordance with the formal proceedings under Section 41 of the U.P. Land Revenue Act, 1901, and cannot be solely based on an administrative direction.
Final Decision: The writ petition was disposed of, with the petitioners being advised to file an appropriate application under Section 41 of the 1901 Act for the demarcation of their plot.
The petitioners are seeking demarcation of their plot on the strength of an application which was moved on the Administrative side before the District Collector.
2. Learned counsel submits that a report was called for from concerned Lekhpal, but no action has been taken as a result whereof the petitioners are facing encroachment.
3. Under Section 41 of U.P. Land Revenue Act, 1901 proceedings have to be instituted formally and after its registration appropriate action has to be taken in terms of the said Act. Such demarcation of agricultural land, therefore, cannot be carried out on the strength of an administrative direction.
4. Consequently, it is open to the petitioner to file an appropriate application under Section 41 of the 1901 Act and in the event such an application is moved it shall be dealt with in accordance with Law.
With the aforesaid observations, the writ petition is disposed of.
