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Judgment
12 paragraphs · 220 wordsManoj Kumar Tiwari, J
According to the petitioner, he is Bhumidhar in respect of agricultural land situate in Village Kichha, District Udham Singh Nagar. Petitioner had
earlier filed WPMS No. 1358 of 2018, which was disposed of by a Co-ordinate Bench of this Court with a direction to District Magistrate to decide
petitioner’s representation, within four weeks. Pursuant to the order passed in the said writ petition, District Magistrate has taken decision on
petitioner’s representation vide order dated 27.10.2018, wherein it is provided that petitioner cannot be permitted to raise boundary wall over his
agricultural land. The decision taken by District Magistrate on 27.10.2018 has been put to challenge in this writ petition.
Learned Additional C.S.C. has pointed out that consolidation operations are going on in the village in question, therefore, till conclusion of
consolidation proceedings, the extended boundaries of petitioner’s holding cannot be defined.
There appears to be a dispute regarding demarcation of land. The land, which petitioner claims to be his, has been treated as public utility land by
the District Magistrate. There is a factual dispute involved in this writ petition, which cannot be decided in proceedings under Article 226 of
Constitution of India. Thus, there is no scope of interference with the impugned order.
Accordingly, the writ petition fails and is dismissed.