- (1.) In these proceedings, the petitioners seek a mandamus directing the District Magistrate, the Sub Divisional Magistrate and the Registrar of MJB Ruhelkhand University, Bareilly, who are impleaded as the second, third and fourth respondents, to handover actual possession of Plot No. 374 admeasuring 0.111 hectares situated in village Nawada Jogiya, Tehsil and District Pilibhit to the petitioners and to refrain them from obstructing the construction of a boundary wall over that plot. The petitioners also seek a direction to the Sub Divisional Magistrate, Sadar to provide police force for the construction of a boundary wall on the land in respect of which the petitioners claim interest.
(2.) The case of the petitioners is that land admeasuring 2790 sq. meters was acquired for which compensation was paid, leaving in balance a holding of 0.111 hectare un-acquired. According to the petitioners, their names have been recorded as tenure holders on 25 January 2012. There was a boundary dispute between the petitioners and the fourth respondent, for whose benefit the acquisition had taken place. According to the petitioners, a demarcation was carried out on two occasions, the first in May 2010 and the second in March 2012. In consequence, the boundaries were fixed in the demarcation proceedings under Section 41 of the U.P. Land Revenue Act, 1901. The petitioners now seek a direction that possession should be handed over to them and the second, third and fourth respondents should be restrained from obstructing the construction of the boundary wall.
(3.) In order to consider whether relief of this nature can be granted, it will be appropriate to refer to Section 41 of the U.P. Land Revenue Act, 1901, which provides as follows: "41. Settlement of boundary disputes. (1) All disputes regarding boundaries shall be decided as far as possible on the basis of existing survey maps, but if this is not possible, the boundaries shall be fixed on the basis of actual possession. (2) If, in the course of an inquiry into a dispute under this section, the Collector is unable to satisfy himself as to which party is in possession, or if it is shown that possession has been obtained by wrongful dispossession of the lawful occupants of the property within a priod of three months previous to the commencement of the inquiry, the Collector (a) In the first case, shall ascertain by summary inquiry who is the person best entitled to the property, and shall put such person in possession; (b) in the second case, shall put the person so dispossessed in possession, and shall then fix the boundary accordingly.";