1. Heard learned counsel for the petitioner and the learned Standing Counsel appearing for the Stateopposite parties.

2. This writ petition has been filed with the following main prayer:-

"Issue a writ, order or direction in the nature of Mandamus commanding the opposite parties to provide complete possession of the Gata No.120/0.030 hectare instead of 0.025 hectare situate at Village Tenduva Kaji, Pargana Aldemau, Tehsil Kadipur, District Sultanpur in pursuance of the order dated 27.01.2023 passed by opposite party no.3 as contained in Annexure No.1 to this writ petition."

3. It is the case of the petitioner that he is the recorded tenure holder of Gata No.120, admeasuring 0.030 hectares situated at Village Tenduva Kaji, Pargana Aldemau, Tehsil Kadipur, District Sultanpur. He filed an application under Section 24 of the U.P. Revenue Code, 2006 for demarcation of his land. The order for demarcation was passed by the competent authority and the demarcation was also done thereafter and the report along with spot memo prepared on 13.03.2023 was submitted by the Revenue Inspector. The boundary marks were erected, but certain private persons of the village, whose names have been mentioned in the representation, a copy of which has been annexed as Annexure No.4 to the writ petition, have destroyed such boundary marks.

4. This Court is of the considered opinion that under Section 22 of the U.P. Revenue Code, 2006 if any boundary mark lawfully erected in a Lekhpal circle is destroyed, removed or damaged, then the concerned Lekhpal shall be bound promptly to report the matter to the Naib Tehsildar and the Naib Tehsildar would make an inquiry in respect of such report and would submit his recommendation to the Sub-Divisional Officer. The Sub-Divisional Officer may, on receipt of such report and recommendation of the Naib Tehsildar require the restoration of the proper boundary marks or to repair or replacement of the same. In the case of the petitioner, after boundary marks were erected lawfully, they have been destroyed by some private persons.

5. Let the petitioner make an application to the SubDivisional Officer concerned, who shall direct for an inquiry to be conducted in the matter as per Section 22 of the U.P. Revenue Code, 2006 and restore the boundary marks earlier erected in accordance with law, within a period of four months from the date of production of a certified copy of this order.

6. With the aforesaid observation and direction, the writ petition stands disposed of.