AI Structured Summary
Not yet generated for this judgment
Judgment
Hon’ble Pankaj Purohit, J.
This writ petition has been filed by the petitioner seeking the following reliefs:-
I. Issue a writ, order or direction, directing Respondent Nos. 1 to 5 to conduct spot inspection, measurement and demarcation of all chaks/Khatas land parcels shown in larger map measuring 14.8766 acres, including chak/khata no. 150, 177, 153, 97, 157 and 36, with reference to the original Government Sajra, certified Aakai Patra, and to complete the said exercise within such period as the Hon'ble Court may deem fit and proper.
II. Issue a writ, order or direction, directing the private Respondents, during pendency of the present writ petition, not to create any third-party rights, including by way of sale, agreement, booking, allotment, plotting, possession, development or construction, in respect of all chaks/Khatas land parcels shown in larger map measuring 14.8766 acres, including chak/khata no. 150, 177, 153, 97, 157 and 36.
Facts of the case are that after noticing development and survey work taking place in the Maharajpur-Lalpur area, the petitioner collected official government land records - village map (Sajra) and certified land registry documents (AakarPatra 23 Bhaag 1) of his plot (Chak/Khata No. 157) as well as neighboring plots (Nos. 150, 177, 153, 97, and 36). Upon comparing these official government records with a proposed project plan titled "LAND SURVEY AT MAHARAJPUR, LALPUR" covering nearly 15 acres (14.8766 acres), the landowner found that their private property—along with surrounding private plots, state-owned land, and a riverbed (Nadi)—has been included inside the project area. Because of this overlap, an official government inspection and physical boundary survey are urgently needed to mark the exact legal borders on the ground.
Learned counsel for the petitioner submits that the ongoing project development in the Maharajpur-Lalpur area arbitrarily includes petitioner's private property (Chak/Khata No. 157) alongside adjoining private plots, government land, and a public riverbed (Nadi) within a 14.8766-acre layout plan ("LAND SURVEY AT MAHARAJPUR, LALPUR") without prior field verification or statutory boundary demarcation.
Learned counsel for the petitioner further submits that a comparative analysis of the proposed project layout against official revenue records—specifically the Government Sajra map and certified copies of AakarPatra 23 Bhaag 1— clearly demonstrates a substantial overlap that threatens the petitioner’s property rights and risks illegal encroachment on public land; hence, it is imperative for the authority/court to order an immediate joint site inspection and formal spot demarcation (Paimaish) before any further work proceeds.
Having heard the learned counsel for the petitioner and perused the material available on record, this Court is of the considered view that the present writ petition is not maintainable under Article 226 of the Constitution of India, as petitioner's claim regarding an alleged overlap between the "LAND SURVEY AT MAHARAJPUR, LALPUR" layout plan and their land (Chak/Khata No. 157) involves highly complex, disputed questions of fact that require detailed comparative measurements, spot demarcation (Paimaish), and evidence-gathering that cannot be adjudicated in summary writ proceedings.
Without expressing any opinion on the merits of the case, this Court observes that writ jurisdiction cannot bypass statutory remedies under local revenue laws for boundary and title disputes, thereby dismissing the petition on the ground of involved disputed questions of fact while granting liberty to the petitioner to seek appropriate legal recourse before the competent authority.
Accordingly writ petition stands dismissed.