Facts
In W.P. No. 3308 of 2023, the High Court had set aside an order concerning an alleged encroachment and remitted the matter to the Tahsildar, directing a five-member team—two revenue officers and three Patwaris—to reconstruct the revenue map using permanent marks and then conduct demarcation.
Source reference: para. 4The Naib Tehsildar subsequently made an order dated 16 February 2026, which was affirmed on 8 July 2026.
Source reference: paras. 1–3Ramniwas and another challenged those orders, contending that the demarcation did not follow the Court’s directions and had been conducted without notice to the parties.
Source reference: paras. 1–3The State and respondent No. 1 supported the proceedings, relying, among other things, on a communication issued by the Commissioner, Land Records and Settlement.
Source reference: para. 3Issues
Whether the demarcation proceedings complied with the specific directions issued in W.P. No. 3308 of 2023
Source reference: paras. 4–6Whether the impugned demarcation orders could stand where the prescribed method was not followed, or where that method was said to be impracticable
Source reference: para. 6Law Applied
The Court applied the principle that where a court directs that an act be performed in a particular manner, it must be performed in that manner and not by adopting a different procedure.
Source reference: para. 6An authority that considers compliance with a court’s specific direction impossible must seek clarification from the court rather than depart from that direction.
Source reference: para. 6No statute or separate precedent was identified as the basis of the decision.
Source reference: para. 6Reasoning
The earlier order required the designated team to reconstruct the revenue map using permanent marks before carrying out demarcation.
Source reference: paras. 4–5The Naib Tehsildar’s order did not, on its face, show that the map had been reconstructed in that manner.
Source reference: para. 6The Court held that reliance on the Commissioner’s communication or any other reason for not following the directed procedure did not authorize the respondents to adopt a different method; if compliance was not possible, they had to seek clarification from the Court.
Source reference: para. 6Holding
The Court set aside the orders dated 16 February 2026 and 8 July 2026 and directed the respondents to comply with the earlier order in W.P. No. 3308 of 2023 within 90 days.
If the official respondents considered the directed demarcation impossible, they were permitted to approach the Court for clarification or review.
Source reference: para. 7The petition was disposed of.
Source reference: para. 8Original Court PDF
RamniwasvsLalmani Pandey
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