Court No. - 39
Case :- WRIT - C No. - 15512 of 2021 Petitioner :- Brahm Dutt Tyagi And 3 Others Respondent :- State of U.P. and Another Counsel for Petitioner :- J.P. Pandey Counsel for Respondent :- C.S.C.,Gambhir Tripathi Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Mrs. Sadhna Rani (Thakur),J.
Heard learned counsel for the petitioners and Sri Gambhir Tripathi learned counsel for the respondent no.2.
By means of the present writ petition, the petitioners herein seek to challenge the notice dated 21.06.2021 in the name of those persons whose names have been mentioned in the notice itself.
It is sought to be submitted that Khasra no.611M were in possession of the petitioners' ancestors. During the course of consolidation of village-in-question, the land-in-question had been allotted to the petitioners' ancestors. The Nagar Palika parishad, however, has no right, title or interest over the plot-in-question. The petitioners' ancestors claimed to be in possession of the land-in-question in view of the order passed by the consolidation authorities and became bhumidhar of the same.
The petitioners have constructed certain shops over the land in dispute and let out the same to the tenants. The name of the petitioners have been recorded in revenue record of assessment for the year 1986-87 in respect of the shops-in- question and the Nagar Palika Parishad levies taxes such as water and house tax.
It is then contended that the impugned notices issued by the Nagar Palika Parishad to the tenants of the shops-in-question on the premise that they have illegally encroached upon the public land, are based on incorrect facts.
The submission is that the notices have been issued to the tenants though the petitioners being owners of the shop-in-question have not been provided any such notice.
Be that as it may, having noticed the averments made in the writ petition, we find that the dispute is essentially factual in nature. For any illegal interference of the Nagar Palika Parishad, Hapur in the property-in-question allegedly owned by the petitioners, the appropriate course of action would be to approach the Civil Court for seeking appropriate relief, as factual inquiry cannot be made within the scope of Article 226 of the Constitution of India.
For the aforesaid, the writ petition is dismissed.
Order Date :- 29.7.2021 P Kesari