Court No. - 38
Case :- WRIT - C No. - 28288 of 2021 Petitioner :- Abhiraj Yadav Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Chandra Bhan Yadav Counsel for Respondent :- C.S.C.
Hon'ble Rajeev Misra,J.
1. Heard Mr. Chandra Bhan Yadav, learned counsel for petitioner and learned Standing counsel representing respondents 1 to 3.
2. Perused the record.
3. This Writ Petition under Article 226 of the Constitution of India has been filed for a writ of mandamus commanding respondent-3, Assistant Collector/Tehsildar, Tehsil-Nizamabad, District-Azamgarh to decide Case No.01251 of 2021 (State Vs. Vishwanath and others) under Section 67 U.P. Land Revenue Act 2006, within a time period fixed by this Court.
4. At the very outset, learned Standing Counsel representing respondents 1 to 3 has raised a preliminary objection regarding maintainability of present writ petition. Learned Standing Counsel submits that since petitioner is not a party to above- mentioned proceedings, consequently, petitioner cannot seek a writ of mandamus for expeditious disposal of same. On the aforesaid premise, learned Standing Counsel submits that present writ petition is not maintainable and is therefore liable to be dismissed.
5. When confronted with above, learned counsel for petitioner could not overcome the same.
6. In view of above, present writ petition fails and is liable to be dismissed.
7. It is accordingly dismissed.
Order Date :- 29.10.2021 YK