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2016 Supreme(All) 1837

A.P.SAHI, ATTAU RAHMAN MASOODI
Syed Ozair Hussain – Appellant
Versus
District Magistrate Ambedkar Nagar – Respondent


Advocates Appeared:
For the Petitioner: Sudhir Kumar Srivastava, Chandra Shekhar Singh Yad.
For the Respondent: C.S.C.

JUDGMENT

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.


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