AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
6 paragraphs · 252 wordsPankaj Purohit, J
By means of this writ petition, the petitioner seeks indulgence of this Court for a mandamus commanding the respondent authorities to measure and demarcate the land of the petitioner comprising in Khata No.41 Khasra No.64/1 area admeasuring 0.102 hectares and Khasra No.66/1 area about 0.051 hectares situated in village Gadowali, Pargana Jawalapur, Tehsil and District Haridwar.
Heard learned counsel for the parties.
From the perusal of the contents of this writ petition, it transpires that petitioner want to get measurement of the aforesaid land and for that purpose he had moved a representation to the S.D.M., Haridwar, annexure 4 to the writ petition. But in the opinion of this Court in order to get measurement and survey of the land petitioner should file a suit under Section 41 of The U.P. Land Revenue Act, 1901 (for short the Act of 1901) not an application.
In this writ petition no order can be passed as the petitioner has simply moved an application dated 12.04.2023, annexure 3 to the writ petition for measurement of his land. The petitioner should have invoked the provision as stated above after submitting the fess for the said purpose to the Assistant Collector First Class after moving an application/suit under Section 41 of the Act of 1901 applicable to the State of Uttarakhand.
Accordingly, the writ petition is disposed of with a direction to the petitioner to avail the remedy available to him under Section 41 of the Act of 1901.