Court No. - 38
Case :- WRIT - C No. - 28263 of 2021 Petitioner :- Prem Narayan Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Bashisth Narain Pandey Counsel for Respondent :- C.S.C.,Pankaj Kumar Gupta
Hon'ble Rajeev Misra,J.
Heard Mr. B.N. Pandey, learned counsel for petitioner and learned Standing Counsel for respondents- 1 and 2 and Mr. Pankaj Kumar Gupta, learned counsel for respondent-9.
At the very outset, learned Standing Counsel raised a preliminary objection that proceedings under section 67 of U.P. Revenue Code, were initiated against respondents-7 and others which came to be allowed vide order dated 4.8.2021, passed by respondent-2.
Petitioner has filed representation dated 1.9.2021, praying therein that aforesaid order dated 4.8.2021 be given effect to on the spot.
Learned Standing Counsel submits that since petitioner is not a party to the proceedings under section 67 of U.P. Revenue Code, therefore he cannot seek mandamus directing respondents to give effect to order dated 4.8.2021. Consequently, present writ petition is not maintainable. Remedy of petitioner is to file Public Interest Litigation if so advised.
When confronted with above, learned counsel for petitioners could not over come the same.
In view of above, present petition fails and is liable to be dismissed.
It is accordingly dismissed.
Order Date :- 29.10.2021 Arshad