- (1.) The petitioner has preferred this writ petition for issuance of a writ of Certiorari to quash the reports dated 5.12.2018 and 25.2.2019. He has also sought a direction upon the respondents to demarcate the land of the petitioner i.e. Khasra No. 342 and further deliver the possession of the same to him. The reliefs sought in the writ petition amongst other are extracted below: "i) a writ of certiorari to quash the report dated 5/12/2018 and 25/02/2019 (Annexure 9 & 11 respectively) submitted area lekhpal Raunapar district Azamgarh. ii) a writ of mandamus directing to respondents to demarcate the land of the petitioner (Khasara No. 342) situated in village Raunapur tehsil Sagari district Azamgarh and further deliver the possession of the same to him."
(2.) The facts are these. The petitioner claims that Khasra No. 342 in Village Raunapur, Tehsil and District Azamgarh is recorded in revenue records in the name of the petitioner, Vishwanath and Ajay. Another Khasra No. 345 is recorded in the names of Lal Bihari, Parashuram and Durbali. Both Khasra Nos. 342 and 345 are adjacent to each other. It is stated that they have occupied the land of one Ramsurat who is owner of Arazi No. 343 and the sixth respondent has raised a boundary wall over the said property. In the month of June, 2018 the said boundary wall collapsed and all bricks and material are lying in the land of the petitioner and it has damaged sugarcane crop of the petitioner. The petitioner made a request to the sixth respondent to remove his building material but when he refused to remove the same, the petitioner made an application before the fourth respondent - Sub-Divisional Magistrate. On his application the Sub-Divisional Magistrate directed the fifth respondent and the Revenue Inspector to make an inspection of the disputed site. When the order of the Sub-Divisional Magistrate was not complied with, the petitioner made an application to the second respondent - the District Magistrate and the Commissioner Azamgarh Division - the third respondent. The second respondent on 11.6.2018 directed the Sub-Divisional Magistrate to resolve the matter. It is stated that in spite of several applications and order passed on his application, no demarcation has been made by the officer concerned and the police has never visited the spot. The petitioner thereafter filed Civil Misc. Writ Petition No. 26334 of 2018 which was dismissed on 6.8.2018. The said order reads as under: "The dispute is apparently of measurement and demarcation of the land adjoining the plot of the petitioner and the respondent no.6. Appropriate remedy open to the petitioner is to approach the Competent Authority under section 24 of the U.P. Revenue Code, 2006 and not by way of general representation to the District Magistrate/Collector. This petition is accordingly dismissed with liberty to the petitioner to avail such remedy as may be available under the statutory provisions. Sri Hari Keshav, learned Standing Counsel for the State respondents is presently."
(3.) It appears that the petitioner made a complaint to the District Magistrate on Sampoorna Samadhan Diwas also. On the said complaint, the Revenue Inspector and Lekhpal were directed to submit a report. The Lekhpal on 5.12.2018 made an inspection in presence of the petitioner and private respondents and has recorded that Plot No. 342 area .534 hectare is recorded in the name of the petitioner as a bhumidhar with transferable rights but no demarcation could be made as the respondents did not give consent. Hence, the petitioner was asked to move an appropriate application under Section 21/24 of the U.P. Revenue Code, 2006. A copy of the said report of the Lekhpal submitted to the District Magistrate is on the record as annexure-11 to the writ petition.;