- (1.) This petition has initially been filed for a direction to the District Magistrate, Basti to ensure compliance of the order dated 21 July 2010 passed by a Division Bench of this Court in Writ-C No.29044 of 2008 earlier filed by the petitioner. The directions are as follows: "Heard learned counsel for the parties. By means of this writ petition, the petitioners challenged the order dated 14.02.2008 passed by the Collector for making award in favour of the petitioner as for the petitioner and their land have been acquired of plot nos. 1096/0-3-10, 1097/0-4-11,1098,1100/0-0-10, 1101, 1102, 1103/0-0-15, 1104/0-0-14, 1105, 1106/0-7-5 Dhur1107, 1108, 1109 and 1110 and names have been recorded under Section 33/39 of Land Revenue Act. The Collector has recorded a finding in the notifications. From the perusal of the records it shows that the aforesaid mention plots have not been acquired. Thus facts and circumstances indicate that there is dispute of demarcation of the plots of the petitioners, therefore, the Collector is directed to demarcate the plots mentioned aforesaid and hand over the possession to the petitioners, if there is any encroachment by the National Highway Authority on the aforesaid plots, the same shall be removed as per the finding of the Collector, that for the reasons of the finding recorded by the Collector have not been acquired. With the above observation this writ petition is disposed of."
(2.) The instructions placed before the Court by the learned Standing Counsel indicate that it is only on 8 August 2017 that the petitioner filed an application for demarcation and the said application is pending disposal.
(3.) We, accordingly, dispose of this petition with a direction to the District Magistrate, Basti to pass an order on the application dated 8 August 2017 filed by the petitioner, expeditiously and preferably within three months from the date of filing of a certified copy of this order after hearing the parties concerned.;