Court No. - 38
Case :- WRIT - C No. - 6721 of 2019 Petitioner :- Akshyabar Nath Chaubey Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Beerendra Singh Pal,Manoj Kumar Keshari Counsel for Respondent :- C.S.C.,Ramesh Chandra Upadhyay
Hon'ble Jayant Banerji,J.
Heard Shri Manoj Kumar Keshari, learned counsel for the petitioner, Shri R.C. Upadhyay, learned counsel appearing for the respondent no. 3 and learned Standing Counsel for the respondent nos. 1 and 2.
This writ petition has been filed for quashing the interim orders dated 20.12.2018 and 5.1.2019 passed by the respondent no. 2, Sub-Divisional Magistrate, Tehsil Bairia, District Ballia in Recall Application nos. 55 of 2019, 56 of 2019 and 38 of 2018 as is evident from perusal of of Annexure No. 3 and 5 to the writ petition.
The contention of the petitioner is that by the order of the authority competent dated 22.10.2018 and 22.11.2018, his name was recorded in the khatauni. The contention of the petitioner is that thereafter the respondent nos. 4, 5, 6 and 7 have filed recall applications and the order of mutation was stayed by means of the impugned orders. It is contended that the orders are illegal and could not have been passed without affording an opportunity of hearing to the petitioner.
Be that as it may, the orders impugned are only in the nature of interim orders.
In view of the aforesaid, this Court declines to interfere in this writ petition. It is for the petitioner to approach the court below by appearing before it to state his case.
This writ petition lacks merit and is, accordingly, dismissed.
Order Date :- 26.2.2019 A. V. Singh (Jayant Banerji,J.)