Leave granted.
The impugned judgment, in our opinion, proceeds on the basis
of contradictory stands taken by the district administration but
does not deal with the factual issue in question.
As far as the conflicting stands taken by the district
administration are concerned, it is stated that departmental
proceedings have been initiated against the erring officer(s).
Respondent No. 1, Heera Lal, was the owner of 8 biswa of land
in Plot No. 606/2 situated in Village Sukrit, Pargana Ahraura,
Tehsil Chunar, District Sonbhadra, Uttar Pradesh. He sold 4 biswa
of land to one Mrs. Badrunisha and 1 biswa of land to Mrs. Gyan
Devi. He was, therefore, left with 3 biswa of land.
Deepak Guglani
of a road but no compensation has been paid to him.
During the course of hearing, the learned counsel appearing
for respondent No. 1, Heera Lal, has drawn our attention to the
Site Inspection and Demarcation Report dated 15.11.2018 which
records the facts, as noted above. In the end, the report states
that the area of vacant land of Gata No. 606/2 on the side of
Varanasi-Shaktinagar can be taken by Heera Lal. Respondent No. 1,
Heera Lal, claims that he has not been given the possession of the
said land in spite of the Site Inspection and Demarcation Report
dated 15.11.2018. The appellants do not dispute that respondent
No. 1, Heera Lal, is the owner of 3 biswa of land in Plot No.
606/2. Thus, the factual aspect that arises for consideration is as
to whether the appellants are in possession of 3 biswa of land
belonging and left with respondent No. 1, Heera Lal, and have
constructed a road thereon. It is this aspect which has to be
examined and decided by the High Court.
In view of the aforesaid discussion, we set aside the
impugned judgment and pass an order of remand to the High Court to
decide afresh Writ-C No. 16762/2017, titled “Heera Lal v. State of
U.P. & Ors.”. Whilst deciding the matter, the High Court may call
upon the parties to file additional affidavits and may also require
the District/State authorities to file satellite images to
establish the factual position.
The impugned judgment/order dated 30.08.2018 is accordingly
set aside and the appeals are allowed in the above terms.
The judgment/order dated 26.07.2024 passed in Civil Misc.
Review Application No. 04/2019 in Writ-C No. 16762/2017 will also
stand set aside in the above terms.
We, however, clarify that we have not commented on the merits
of the case. The High Court will decide the aforesaid writ petition
independently without being influenced by the reasons and findings
recorded in the impugned judgment/order dated 30.08.2018.
Pending application(s), if any, shall stand disposed of.