Court No. - 42
Case :- WRIT - C No. - 19027 of 2021 Petitioner :- Dhaneshwari Devi Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Aman Srivastava,Vinod Kumar Singh(Senior Adv.) Counsel for Respondent :- C.S.C.,Bhupendra Kumar Tripathi
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner and learned Standing Counsel appearing for the State respondents.
Sri Bhupendra Kumar Tripathi, learned counsel has accepted notice on behalf of the Land Management Committee.
Present petition has been filed with following prayer:-
"(i) Issue a writ, order or direction in the nature of mandamus commanding the Respondent No. 2/ Sub Divisional Officer, Chakiya, District Chandauli may be directed to entertain/ accept the Petitioner's Declaratory Suit under Section 144 of the U.P. Revenue Code, 2006 and the same may be heard and decided on merits after following due procedure of law within a stipulated period so that justice may be done;
(ii) Issue a writ, order or direction in the nature of mandamus commanding the Respondents not to disposes the petitioner from the land- in-dispute i.e. Plot no. 231 (old No. 163/2) area 8 Biswa situated in village Sultanpur, Pargana kea Mangraur, Tehsil Chakiya, District Chandauli as she is in actual and physical possession thereof since 1978 and become Bhumidhar with transferable right (by amended provisions of law) being landless agricultural labourer and schedule caste;"
Pursuant to the order dated 10.8.2021, learned Standing Counsel has produced a copy of the instructions dated 21.9.2021, which are taken on record, according to instructions, no declaratory suit under Section 144 of the U.P Revenue Code, 2006 has been filed by the petitioner and after order of this Court even the notice was sent to the petitioner to file the suit, if so desire.
In such view of the matter, no fruitful purpose would be served by keeping this petition pending.
The petitioner is at liberty to file a suit as desired by the authority concerned along with self- attested copy of this order, which may be verified from the official website of this Court and said suit shall be registered by the authority concerned within a period of one week from the date of filing of the same.
It is made clear that this Court has not considered the claim of the petitioner on merits and any observation made in this order or direction to register the suit does not mean that the suit itself has become maintainable. The suit is maintainable or not, such decision shall be taken by the authority concerned on its own merits, strictly in accordance with law.
With the aforesaid observations/ directions, present petition stands disposed of.
Order Date :- 23.9.2021 Aditya