Court No. - 18
Case :- WRIT - C No. - 19894 of 2018 Petitioner :- Pratap Narayan and 2 Others Respondent :- State Of U.P. and another Counsel for Petitioner :- Ram Vishal Mishra,Bala Nath Mishra Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioners and Shri Abhishek Srivastava, learned Additional Chief Standing Counsel for the respondents.
The petitioners are before this Court with request to issue direction to the second respondent, Sub Divisional Magistrate, Tehsil Sirathu, District Kaushambi to execute the order dated 5.8.1983 in pursuance of the order dated 22.7.2004 passed by the Additional Commissioner-II, Allahabad Division, Allahabad and mutate their names in the revenue record as Bhumidhar on Gata No.1070 (old), 776 (new) area 2 bigha situated in village Keshari, Pargana Kada, District Kaushambi within stipulated time.
Shri Abhishek Srivastava, learned Additional Chief Standing Counsel has raised objection regarding maintainability of the writ petition on the ground that at this belated stage, no reprieve can be extended in favour of the petitioners and the writ petition is liable to be dismissed on the ground of delay and laches.
Once an objection has been raised then the Court has proceeded to examine the record in question and finds that the petitioners have filed the present writ petition for execution of the order dated 22.7.2004 passed by the Additional Commissioner-II, Allahabad Division, Allahabad and as such, no relief can be extended in favour of the petitioners under Article 226 of Constitution of India.
In view of the above, without expressing any opinion on the merits of the issue and considering the facts and circumstances of the case, this writ petition is disposed of finally with observation that in case the petitioners file an appropriate application before the Sub Divisional Magistrate concerned for redressal of their grievance within ten days from today, this Court hopes and trusts that the authority concerned will proceed in the matter strictly in accordance with law.
Order Date :- 29.5.2018 RKP