Umesh Kumar Sindhi vs State of U. P. - 2023 Supreme(All) 2510

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 2510

CHANDRA KUMAR RAI
Umesh Kumar Sindhi – Appellant
Versus
State of U. P. – Respondent

Advocates appeared:
For the Petitioner: Kshitij Shailendra, Madhvendra Pratap Singh.
For the Respondent: C.S.C., Anish Kumar Singh, Azad Rai, Gireesh Chandra Tiwari.

JUDGMENT

Chandra Kumar Rai, J.

Heard Mr. Kshitij Shailendra, Counsel for the petitioner, Mr. Abhishek Shukla, learned Additional Chief Standing Counsel for the State-respondents Mr. Azad Rai, Counsel for respondent No.3-Gram Sabha and Mr. Gireesh Chandra Tiwari, Counsel for respondent Nos.4, 5 and 6.

2. The instant petition has been filed for mandamus commanding the Sub-Divisional Officer /Competent Authority, Karchhana, Prayagraj-respondent No.2 to decide the applications dated 16.04.2022, 04.6.2022, 18.06.2022, 21.06.2022 and 02.07.2022 filed by the petitioner to ensure compliance of the order dated 10.08.2015 within stipulated period.

3. Counsel for the petitioner submitted that a case bearing Case No.720140203059322 of 2014 under Section 41 of the U.P. Land Revenue Act (Ramesh Chandra Singh and others v. Gram Sabha) has been filed by Co-sherers of plot No.235 and on the basis of report of revenue authorities, the final order was passed on 10.08.2015 to demarcate the plot in question. It is further submitted that order dated 10.08.2015 was implemented and boundaries of the land in dispute were demarcated as well as marked by stone marking in the presence of the parties. He also su