P.K. Jain, J. - (1.) Heard learned Counsel for the parties.
(2.) Brief facts giving rise to the present writ petition are that the petitioners claiming to be the bhumidhars of various plots mentioned in para 2 of the writ petition alleged that representations were made by them and other persons stating that their plots be demarcated so that the dispute between the parties may come to an end. The Additional District Magistrate after hearing the parties and inspecting the site along with Tehsil staff surveyed the plots and submitted his report dated 15-7-1996, copy whereof is Annexure-11 to the writ petition. Respondent No. 2, however, on 27-7-96 called for a fresh report from the Survey Committee. The Survey Committee submitted its report dated 2-8-96 as contained in Annexure-13 to the writ petition. Thereafter the Chief Secretary of respondent No. 1 wrote to respondent No. 2 vide letter as contained in Annexure-14 stating that the Delhi Towers encroached upon the land of others and has constructed a road illegally. Therefore, an enquiry be held. Pursuant to the said order respondent No. 2 called for a fresh report from the Additional District Magistrate (Administration). The report of the Additional District Magistrate was accepted by the District Magistrate, respondent No. 2 on 11-1-97. Thereafter, the Additional District Magistrate issued a direction dated 16-1-97 to Additional District Magistrate (Land Acquisition), Ghaziabad for getting the order dated 16-1-97, passed by the District Magistrate, complied with and copy of that letter was sent to the Sub-Divisional Magistrate, Dadari for information and necessary action. Grievance of the petitioners is that despite specific orders of the District Magistrate and Additional District Magistrate the same are not complied with by the authorities concerned and a prayer is made to issue mandamus commanding the respondents to demarcate the plots in view of the orders dated 11-1-97 and 16-1-97.
(3.) In the counter affidavit filed on behalf of respondent Nos. 1 to 5 the dispute regarding ownership of the plots claimed by the petitioners has been raised and further it is stated that in case the petitioners are not owners of the land in question they can get the relief only under Section 41 of the Land Revenue Act by approaching appropriate authority.;