Court No. - 30
Case :- WRIT - C No. - 6373 of 2020 Petitioner :- Karmu Ram Sonkar Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Bholanath Yadav Counsel for Respondent :- C.S.C.,Azad Rai,Rameshwar Prasad Shukla
Hon'ble Ajay Bhanot,J.
The impugned order has been passed by the District Magistrate on the direction of this Court. The application was made by the petitioner for correction of some discrepancies in the revenue records. The District Magistrate has declined the said application. The District Magistrate is not the competent authority to correct the said discrepancies in the revenue records under the U.P. Revenue Code, 2006.
Admittedly, the petitioner has not taken out such proceedings before the competent court under the U.P. Revenue Code, 2006. The order passed by this Court cannot confer jurisdiction upon the authority where the law has specifically prescribed for such proceedings and nominated the competent court for the same.
In such view of the matter the order passed by the District Magistrate shall not operate against the petitioner. However it is open to the petitioner to take out proceedings before the competent court under the U.P. Revenue Code, 2006.
The second relief for restraining the authorities from taking out proceedings under Section 67 of the U.P. Revenue Code, 2006 for eviction of unauthorized occupation over state land was hypothetical in nature. The aforesaid relief cannot be granted.
The writ petition is disposed of.
It is clarified that this Court has not entered into merits of the claim of either of the parties. It is for the competent authority to decide the issue after independent application of mind and in accordance with law.
Sri Rameshwar Prasad Shukla, learned counsel for Gaon Sabha is present.
Order Date :- 27.7.2021 Nadeem Ahmad