Heard learned counsel for the petitioner and learned Standing Counsel and Sri Bhupendra Kumar Tripathi, learned counsel appearing for the Gaon Sabha.
Present petition has been filed with following prayers:-
"I. Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent No. 2 to take suitable decision upon the representation of the petitioner dated 21.10.2020 within the stipulated period as this Hon'ble Court may deem fit and proper under the facts and circumstances of the case.
II. Issue any other writ order or direction of a suitable nature which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.
III. Award the cost of the writ petition in favour of the petitioner."
Submission of learned counsel for the petitioner is that civil suit is pending between the parties, however, the possession of the petitioner has been interfered on administrative side by the revenue authorities in collusion with the two private contesting respondents. He has also drawn attention of this Court to the order of the respondent no.3, The Sub- Divisional Officer dated 5.6.2018. Submission, therefore, is that raising his grievance the petitioner has moved the representation before the District Magistrate to look into the matter by conducting enquiry in the conduct of the revenue officers through some other revenue authorities excluding local revenue officers.
No fruitful purpose would be served by keeping this petition pending. Accordingly, the same stands disposed of with a direction to respondent no.2, The District Magistrate, District- Siddharth Nagar to look into the grievance of the petitioner and in case, he finds substance in the grievance of the petitioner, he may also conduct an enquiry in the conduct of the concerned revenue officers through some responsible officer, who is/ are not of the same area, as, prima facie, revenue officers have no authority to interfere in the private disputes, moreso, when the civil litigation is pending.
In case, the District Magistrate is satisfied with the grievance of the petitioner he may issue necessary directions in this regard. It is however made clear that the grievance of the petitioner may be considered and decided in accordance with law preferably within a period of two months from the date of production of self- attested copy of this order, which may be verified from the official website of this Court.
The petitioner is free to file fresh representation before the respondent no.2, The District Magistrate, District- Siddharth Nagar.
It is made clear that any observation made by this Court may not be treated as any kind of observation made in favour of any of the parties and the District Magistrate shall apply his own mind.
With the aforesaid observations/ directions, present petition stands disposed of.
Order Date :- 25.1.2021 Aditya