Court No. - 38
Case :- WRIT - C No. - 27048 of 2020
Petitioner :- Moti Lal
Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Chandan Bhagat Counsel for Respondent :- C.S.C.
Hon'ble Rajeev Misra,J.
Heard Mr. Chandan Bhagat, learned counsel for petitioner and learned Standing Counsel representing respondents-1 to 4.
Petitioner has filed present writ petition for following reliefs:-
"(i) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to conclude fresh measurement of Arazi No.365 area 0.0200 Hectares which belongs Gadaha situated at village Dhirauli Lakshan, Khuthan, Tehsil Shahganj, District Jaunpur.
(ii) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to decide the petitioner's representation dated 24.11.2020.
(iii) To, issue any other writ, order or direction which this Hon'ble Court may deem just and proper and the circumstances of the case.
(iv) Award the cost of the petition in favour of the petitioner."
At the very outset, learned Standing Counsel has raised preliminary objection regarding maintainability of present writ petition. Learned Standing Counsel submits that in case petitioner seeks measurement and demarcation of his property, then remedy of petitioner lies by moving an application under Section 24 of U.P. Revenue Code, 2006. It is then contended that petitioner had earlier approached this Court by means of P.I.L. No.34693 of 2017 (Moti Lal Vs. State of U.P. and 7 Others). In case, order passed in above-mentioned P.I.L. has not been complied with, then remedy of petitioner is to initiate contempt proceedings. It is thus urged that present writ petition is not maintainable.
When confronted with above, learned counsel for petitioner could not overcome the same.
In view of above, present writ petition fails and is liable to be dismissed as not maintainable.
It is, accordingly, dismissed as not maintainable.
Order Date :- 26.10.2021/Saif