Court No. - 38
Case :- WRIT - C No. - 28299 of 2021 Petitioner :- Geeta Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Ram Pratap Yadav,Devbratt Yadav Counsel for Respondent :- C.S.C.
Hon'ble Rajeev Misra,J.
1. Heard Mr. Ram Pratap Yadav, learned counsel for petitioner and learned Standing counsel representing respondents 1 to 3.
2. Present writ petition under Section 226 of Constitution of India has been filed for a writ of mandamus commanding respondent-3, Sub-Divisional Officer, Azamgarh to decide application dated 16.09.2021 under Section 38 of U.P. Revenue Code, 2006, i.e. for correction of revenue records.
3. At the very outset, learned Standing Counsel representing respondents 1 to 3 submits that present writ petition is premature inasmuch as present writ petition has been filed before expiry of the period prescribed under Rule 36 (6) of U.P. Revenue Code Rules 2016 for deciding an application under Section 38 of U.P. Revenue Code Rules 2016. In view of provisions contained in Rule Section 36 (6) of U.P. Revenue Code Rules 2016, writ petition should have been filed after expiry of a period of 45 days from the date of application.
4. When confronted with above, learned counsel for petitioner could not overcome the same.
5 In view of above, present writ petition is premature.
6. It is accordingly dismissed at this stage.
Order Date :- 29.10.2021 YK