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Judgment
13 paragraphs · 234 wordsManoj Kumar Tiwari, J
According to the petitioners, their agricultural land is adjacent to the agricultural land of respondent nos. 4 & 5. It is further their case that
boundaries of the agricultural land of petitioners and private respondents are not well demarcated, which is causing confusion.
According to the petitioners, they have moved an application under Section 41 of Land Revenue Act, 1901, which is said to be pending before
Assistant Collector, First Class, Nainital.
By means of this writ petition, petitioners have sought following relief:
“i) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to demarcate/ identify the land of Village
Shiloti and Chanauti as well as the land of the petitioners bearing Khata No. 44, Khet No. 1231 area 3 Nali 14 Mutthi situated at Village Shiloti, P.O.
Naukuchiatal, Tehsil and District- Nainital in stipulated time.â€
Having regard to the facts & circumstances of the case, the writ petition is disposed of with a direction to Assistant Collector, First Class, Nainital
to consider petitioners’ application filed under Section 41 of Land Revenue Act, 1901 and take decision, in accordance with law, within a period of
eight weeks from the date of production of certified copy of this order.
It is made clear that demarcation, if done, shall be made in the presence of respondent nos. 4 & 5.