Court No. - 38
Case :- WRIT - C No. - 27145 of 2021 Petitioner :- Arvind And 4 Other Respondent :- District Magistrate And 5 Others Counsel for Petitioner :- Vibha Srivastava Counsel for Respondent :- C.S.C.,Bhupendra Kumar Tripathi
Hon'ble Rajeev Misra,J.
Heard Ms. Vibha Srivastava, learned counsel for petitioners, learned Standing Counsel representing respondents-1 to 4 and Mr. B.K. Tripathi, learned counsel representing respondent-5, Gaon Sabha.
Petitioners have filed present writ petition claiming following reliefs:-
"(i) Issue a writ, order or direction in the nature of mandamus commanding respondent not to interfere peaceful possession of petitioner Bhumidari and Abadi Land in accordance with law.
(ii) Issue a writ, order or direction in the nature of mandamus commanding respondent to maintain status quo between parties.
(iii) Issue any other suitable writ, order or direction which this Hon'ble Court may deem fit and proper to meets end of justice.
(iv) Award through the cost of petition in favour of the petitioners."
At the very outset, learned Standing Counsel has raised a preliminary objection by submitting that present writ petition is not maintainable. In case, there is any threat to the possession of petitioners regarding bhumidari/abadi land, then remedy of petitioner lies to approach appropriate authority under the provisions contained in U.P. Revenue Code, 2006 or before the competent court of civil jurisdiction.
When confronted with the same, learned counsel for petitioner could not overcome the same.
In view of above, present writ petition fails and is therefore liable to be dismissed.
It is, accordingly, dismissed.
Order Date :- 28.10.2021 Saif