Rakesh vs State Of U.P. And 3 Others
2016 Latest Caselaw 1269 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 18
 

 
Case :- WRIT - C No. - 14846 of 2016
 

 
Petitioner :- Rakesh
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Pavan Kishore,Piyush Kishore Srivastava
 
Counsel for Respondent :- C.S.C.,Rajesh Yadav
 

 
Hon'ble Anjani Kumar Mishra,J.

The only grievance of the petitioner is  that a proper survey of Plot No.411 was not conducted and despite this the petitioner has been ordered to be evicted from this plot.

The preliminary contention  is that the petitioner is not authorized occupation of Plot No.411 but the offending constructions are on Plot No.410 which is recorded in the name of petitioner's father.

In view of above,  learned standing counsel is directed to get a fresh survey conducted through the respondent nos. 2 & 3 and to file its report by means of an affidavit in this writ petition by the next date fixed.

It may be clarified that the revenue authorities are required to conduct a survey and not submit a spot inspection report.  The survey must be necessarily conducted on the basis of fixed point as is required under law. The survey must be conducted in the presence of the petitioner unless and until he fails to cooperate.

Put up this case in the additional cause list on 25.4.2016. 

Let a copy of this order be supplied to the learned standing counsel during the course of the day. 

Order Date :- 5.4.2016

IB