Court No. - 18
Case :- WRIT - C No. - 20537 of 2018 Petitioner :- Bhullan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Siddharth Shanker Mishra Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the parties.
Petitioner is before this Court with the request to command the Sub Divisional Magistrate, Loni, District Ghaziabad to consider and decide the application dated 13.02.2017 moved by the petitioner for declaring him as owner of Arazi no.10/1/1 area 0.0840 hectare, Arazi no.10/1/2 area 0.5060 hectare and Arazai no.10/2(M) area 0.2780 hectare situated in Village Ahemad Nagar Newada, Pargana and Tehsil Loni, District Ghaziabad, expeditiously.
At the outset, Shri Rajesh Srivastava, learned Standing Counsel has opposed the writ petition on the ground that the relief as has been sought for cannot be accorded by this Court as in the present matter, as per the revenue record, which is appended as Annexure I to the writ petition, the name of petitioner has been recorded in category 9 and in case petitioner seeks ownership over the land in dispute, he shall move a declaratory suit as per the provisions contained under Section 144 of U.P. Revenue Code 2006.
The Court has proceeded to examine the record and find substance in the contention raised by learned Standing Counsel as the claim of the petitioner over the property in question can be determined by the Court below in the suit proceedings under Section 144 of U.P. Revenue Code 2006 and straightway the petitioner has approached this Court instead of availing the said remedy and as such, no relief can be accorded to the petitioner.
Accordingly, the writ petition is dismissed on the ground of alternate remedy. However dismissal of the present writ petition would not come in the way of petitioner to invoke the aforesaid remedy before appropriate forum.
Order Date :- 30.5.2018 A. Pandey