Court No. - 39
Case :- WRIT - C No. - 20431 of 2021 Petitioner :- Devendra Kumar Pipraiya Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ajay Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Manoj Kumar Gupta,J. Hon'ble Deepak Verma,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents.
The prayer made in the instant petition is for a mandamus commanding respondents No. 2 and 3 to direct respondent no. 4 not to interfere in the peaceful possession of the petitioner over Khata no.212, arazi no.2038 (0.283 hectare), 2039 (0.334 Hectare), 2024(0.125 hectare), 2045 (0.073 hectare), 2052/2 (0.202 hectare), total 5 kita measuring area 1.047 hectare situated at Lahar Grid, District Jhansi.
It is evident from the averments made in the writ petition that there is dispute relating to title and possession in respect of subject land between the petitioner and private respondent no. 4.
We are of considered opinion that in a dispute of such nature, the State-respondents have no role unless there is a duly constituted proceeding before them. No occasion arises for this Court to issue writ of mandamus as prayed for.
The petition is wholly misconceived and is dismissed with liberty reserved in favour of the petitioner to avail such other remedy as may be advised.
(Deepak Verma,J.) (Manoj Kumar Gupta,J.) Order Date :- 23.9.2021 Meenu