Court No. - 36
Case :- WRIT - C No. - 918 of 2019 Petitioner :- Brindavan @ Binda Prasad Respondent :- Commissioner Gorakhpur And 3 Others Counsel for Petitioner :- Atul Kumar Srivastava,Ashish Kumar Srivastava Counsel for Respondent :- C.S.C.,Tariq Maqbool Khan
Hon'ble Mrs. Sunita Agarwal,J.
Shri Tariq Maqbool Khan, learned Advocate has put in appearance on behalf of respondent-Gram Sabha.
The present petition arises out of the summary proceedings under Section 33/39 of the U.P. Land Revenue Act. By means of the revision filed in the year 2017 under Section 219 of Land Revenue Act, the petitioner/revisionist sought to challenge the order of correction of record passed on 6.8.1960.
The Revisional Authority namely the Commissioner Gorakhpur Division, Gorakhpur has rightly refused to interfere in the order of correction of records after a period of 57 years, on the submission of the petitioner that the name of Gram Sabha had wrongly been recorded and the pond in question was private pond belonging to his grandfather.
For the grievances raised by the petitioner, it would be appropriate that he may file a declaratory suit under Section 144 of the U.P. Land Revenue Code, 2006.
No interference can be made. The present petition is, thus, found devoid of merits and hence dismissed.
Order Date :- 29.1.2019 Jyotsana