Court No. - 18
Case :- WRIT - C No. - 20147 of 2018 Petitioner :- Mashook Ali Respondent :- State Of U P And 5 Others Counsel for Petitioner :- Manoj Kumar Gupta Counsel for Respondent :- C.S.C.,Amresh Singh
Hon'ble Mahesh Chandra Tripathi,J.
Heard Shri Manoj Kumar Gupta, learned counsel for the petitioner; Shri Abhishek Shukla, learned Standing Counsel for the State respondents and Shri Amresh Singh, learned counsel for the Gaon Sabha.
Petitioner before this Court is assailing the validity of order dated 20.12.1990 passed by Tehsildar, Tehsil Tilhar, District Shahjahanpur under Section 34 of L.R. Act in Case no.52/350/290/1980 and the appellate order dated 30.11.2013 passed by Sub Divisional Magistrate, Tilhar, District Shahjahanpur in Appeal no.41/2013 as well as order dated 12.04.2018 passed by Commissioner, Bareilly Division, Bareilly in Revision no.31/2013-14.
At the very outset, learned Standing Counsel submits that the proceeding under Section 34 of L.R. Act had been finalized qua to the parties way back on 20.12.1990 and admittedly the appeal in question has been preferred after 23 years period and the same was rejected vide order dated 30.11.2013 and even the revision has also been filed against the same and the same was also dismissed on 12.04.2018 and as such, no interference is required in the matter and moreover the petitioner has every right to invoke the common law remedy as is available under law.
On such argument being advanced, this Court has proceeded to peruse the record in question and finds substance in the same as admittedly the proceeding under Section 34 of L.R. Act has been finalized on 20.12.1990 and this is also an admitted situation that the appeal has been preferred after the gap of 23 years and the same has been dismissed and even the revision has also been dismissed and as such, this Court is of the considered opinion that no interference is required in the matter and the writ petition is accordingly, dismissed. However dismissal of the writ petition would not come in the way of petitioner to invoke common law remedy as is available to him.
Order Date :- 29.5.2018 A. Pandey