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Judgment
Devendra Kumar Arora, J.
Heard learned counsel for the petitioner and learned counsel for the State.
From the submissions and representation of the petitioner addressed to different authorities, contained in Annexure no. 5, it transpires that petitioner is claiming the land of Gata No. 1294 to be her purchased land and her grievance is that instead of constructing the bricks soled road on the land of Gata No. 1293, which is recorded in the survey record as Rasta, the local Pradhan is acting malafide and is forcibly constructing brick soled road on the land of the petitioner in Gata no. 1294.
Learned counsel for the State has submitted that under Section 41 of the U.P. Land Revenue Act, the Sub Divisional Officer has been vested with power to decide boundary disputes by getting the lands measured and demarcated.
In view of aforesaid submission on behalf of the State, the writ petition is disposed of with a liberty to the petitioner to file a fresh representation before the Sub Divisional Magistrate, Mankapur, DistrictGonda (opposite party no. 3), giving all the necessary details along with certified copy of this order. The opposite party no. 3 shall get the lands measured and demarcated to ensure that the road is constructed only on the land meant for road as per revenue records.
In case, the area for the road is measured and demarcated and petitioner is dissatisfied with such action/decision, she will be at liberty to approach the Civil Court for seeking appropriate relief in accordance with law.