Chief Justice's Court
Case :- WRIT - C No. - 20304 of 2018 Petitioner :- Kumar Manglam Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Anil Kumar Mishra Counsel for Respondent :- C.S.C.
Hon'ble Dilip B. Bhosale,Chief Justice Hon'ble Suneet Kumar,J.
Heard Mr. Anil Kumar Mishra, learned counsel for the petitioner and Mr. Ramanand Pandey, learned Addl. Chief Standing Counsel for respondents-State.
The writ petition is preferred for the following reliefs:
“(a) Issue a writ, order or direction in the nature of mandamus commanding respondent No.3 not to include the area in question i.e. old Gata No. 3576 and new Plot No. 7736 including others, which has already been accepted by the Forest Settlement Officer as well as Additional District Magistrate Obra, Sonebhdra by changing the map of the area in question.
(b) Issue a writ, order or direction in the nature of mandamus commanding the respondents not to publish the area in question under Section 20 of the Indian Forest Act.”
Admittedly, the petitioner had no concern whatsoever with the land in dispute (old Gata No.3576 and new Plot No.7736). In 1996, the petitioner was granted mining lease in this property for a period of 10 years which got expired in 2006. Since then till today, the petitioner has no concern whatsoever with the land in dispute. Admittedly, it is a government property. That being so, prayers as made in the writ petition, cannot be entertained. In our firm opinion, the petitioner neither has any right in the property nor locus to file the instant writ petition.
The petition is, accordingly, dismissed.
Order Date :- 31.5.2018 RK (Suneet Kumar, J) (Dilip B Bhosale, CJ)