Court No. - 21
Case :- WRIT - B No. - 1087 of 2021 Petitioner :- Ishtiyaq Ahmad And Another Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Pranesh Kumar Mishra Counsel for Respondent :- C.S.C.,Azad Rai
Hon'ble Dinesh Pathak,J.
Heard learned counsel for the petitioners and learned Standing Counsel for the State-respondents.
The present petition has been preferred by the petitioners to allow the instant petition and issue mandamus commanding the respondent authorities for implementation of the order dated 1.3.2021 passed by the Deputy Director of Consolidation, Prayagraj in Revision No. 603, under Section 48(1) of U.P. Consolidation of Holdings Act.
It is submitted by the learned counsel for the petitioners that Deputy Director of Consolidation has passed an interim order dated 1.3.2021 on the application filed by the petitioners to maintain status quo on the spot. In defiance of the order dated 1.3.2021, contesting respondent no. 8 is raising construction over the plot in question i.e. Plot No. 250, Area 0.2300 hectare, which is the subject matter of Revision No. 603 pending before the Deputy Director of Consolidation, Prayagraj. By way of the present writ petition, petitioners want to issue a direction that the private respondent may be restrained from raising any construction over the property in question in compliance of the order dated 1.3.2021.
From the record, it reveals that property in question is a subject matter of litigation arising out of proceedings under Section 9(A)(2) of U.P. Consolidation of Holdings Act.. At present, the petitioners has preferred Revision No. 603 which is pending before the Deputy Director of Consolidation, Prayagraj. In the aforesaid revision, petitioners has moved an application for the interim order which was disposed of by order dated 1.3.2021 directing to the parties for maintaining the status quo on the spot. It is also brought to the knowledge of the court that previously petitioners has filed one writ petition registered as Writ-B No. 273 of 2021, which was finally disposed of vide order dated 18.2.2021 (Annexure-2) directing to the Authorities concerned to dispose of the application for interim relief. It appears that in pursuance of the aforesaid order passed by this Court, Deputy Director of Consolidation has finally disposed of the application for interim relief vide order dated 1.3.2021.
Submission made by the learned counsel for the petitioners for issuing mandamus to restrain the private respondents from raising any construction over the property in question is not sustainable in the eyes of law. Writ of mandamus can only be issued against the authorities concerned when they are under legal obligation to do or not to do something.
In the present matter, demand of petitioners for directing the respondent authorities to restrain the private respondents is not justified. By way of the mandamus, State Authorities cannot be forced to restrain the private respondents from doing anything over the property in question in pursuance of the interim order passed by any court. Petitioners has remedy to move an appropriate application before the Authority concerned bringing all the facts before him with respect to disobedience of order dated 1.3.2021 committed by the private respondents, who is trying to make construction, as alleged in the writ petition over the property in question despite interim injunction. State Authorities cannot be forced by way of issuing mandamus to restrain any work being carried out by any private person over the property, which is a subject matter of litigation. The court, before whom the litigation is going on, is competent to take suitable action against any party in lis for his any action or omission which is done in defiance of the order passed by the court concerned.
In this conspectus as above, I find no merit in the present writ petition to exercise extraordinary jurisdiction of this Court under Article 226 of the Constitution of India. The present petition is devoid of merit and is, accordingly, dismissed.
Order Date :- 29.7.2021/A.P. Pandey