Court No. - 38
Case :- WRIT - C No. - 34680 of 2018 Petitioner :- Krishan Mohan Lal Srivastava Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- In Person Counsel for Respondent :- C.S.C.
Hon'ble Abhinava Upadhya,J. Hon'ble Vivek Varma,J.
Heard the petitioner Shri Krishan Mohan Lal Srivastava, who appears in person; Shri R.C. Kushwaha, learned counsel for the respondents no. 8 & 9 and learned Standing Counsel for the State- respondents no. 1 to 7.
By means of this writ petition the petitioner has made prayer with regard to issuing a direction to the authorities to register F.I.R. against respondent no. 9. The said prayer is being made on the ground that in mutation proceeding the respondent no. 9 on the basis of a registered sale deed objected to the mutation of the name of the petitioner in the revenue record and it appears that the Tehsildar did not accept the registered sale deed to be a valid document and refused mutation against which, it appears that a revision was filed, which is pending before the Commissioner. The further grievance of the petitioner is that Pintu Singh- respondent no. 9 has forcibly allowed some person to reside in the tin shed of the petitioner and the petitioner wants their eviction.
It is submitted that the said sale deed is a void document and on the basis of such a document no right accrues.
For determination of rights, the petitioner has a remedy of going to the civil court and also for declaring the registered sale deed void the same forum is available to the petitioner. Even for eviction of unauthorized person the same forum is available to the petitioner. In writ proceeding such orders cannot be passed as the same may require leading of evidence and scrutiny of documentary evidence only if they are proved by the parties. Other factual issues cannot be decided in the writ proceedings. The petitioner is at liberty to approach the appropriate forum for redressal of his grievance.
The writ petition lacks merit and is, accordingly, dismissed.
Order Date :- 26.11.2018 Sunil Kr. Gupta (Vivek Varma, J.) (Abhinava Upadhya, J.)