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Judgment
07/ 18.08.2026 By filing this writ petition, the petitioners have prayed for the following reliefs:-
“for issuance of appropriate writ(s), Order(s), direction(s) commanding and directing upon the respondents authorities who have arbitrary canceled the settlement of land situated in Mauza Lataria, Dag No.690 Khata No.-10/3 measuring an area of 1 Bigha 4 Kattha, settled in the name of Laxmi Narayan Bhagat by order dated 20.08.1962, in settlement cancelation record no.-01/2016-17 by order dated 17.11.2016 by the respondent no.-4 in the light of recommendation dated 07.09.2016 of the respondent No.-6, for construction of New Sub-Divisional Office.
AND
Further pray for issuance of appropriate writ(s), Order(s), direction(s) commanding and directing upon the respondents authorities to stay construction on the aforementioned land in the light of the order dated 20.08.1962, in settlement cancelation record No.-01/2016-17 by order dated 17.11.2016 by the respondent No.-4 in the light of recommendation dated 07.09.2016 of the respondent No.-7.”
Heard learned counsel representing the petitioners and learned counsel representing the respondents.
It is the grievance of the petitioners that the land over which the construction is being made, belong to the petitioners and is recorded in the name of the petitioners’ ancestors. The petitioners claim that in the Survey Settlement also, name of Laxmi Narayan Bhagat, is recorded, who was the grandfather of these petitioners.
Learned counsel representing the respondent – State, admits that the land was recorded in the name of Laxmi Narayan Bhagat, but it is doubtful as to whether these petitioners are the legal heirs of Laxmi Narayan Bhagat, or not. He further submits that as the land was not reclaimed, the settlement of the same was cancelled and thereafter the construction was undertaken and now it has already been completed. He further submits that the cancellation order has also not been challenged in any proceeding.
After hearing the parties, I find that there is a disputed question of fact involved in this case, as the petitioners have to prove that they are the legal heirs of Laxmi Narayan Bhagat, and they have to also establish their title over the land in question, thus, I am not inclined to entertain this writ petition.
The petitioners, if so advised, may approach the Civil Court, by filing an appropriate suit.
With the aforesaid observations, this Writ Petition stands disposed of.