Court No. - 38
Case :- WRIT - C No. - 26339 of 2021 Petitioner :- Raj Kishor Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sunil Kumar Upadhyay Counsel for Respondent :- C.S.C.
Hon'ble Rajeev Misra,J.
1. Heard Mr. Sunil Kumar Upadhyay, learned counsel for petitioner and learned Standing counsel representing respondents 1 and 2.
2. Perused the record.
3. This Writ Petition under Article 226 of the Constitution of India has been filed for a writ of mandamus commanding respondent-2, District Magistrate, Rampur to restrain respondent-3 from making any construction over Survey Plot No. 62 situate at Village-Imratpur, Tehsil and District-Rampur, which is said to be recorded as a pond.
4. At the very outset, learned Standing Counsel representing respondents 1 and 2 has raised a preliminary objection by submitting that present writ petition filed by petitioner is not maintainable. In case petitioner is aggrieved by any construction over Survey Plot No. 62 situate at Village- Imratpur, Tehsil and District-Rampur, remedy of petitioner lies by moving a Public Interest Litigation.
5. When confronted with above, learned counsel for petitioner could not overcome the same.
6. In view of above, present writ petition fails and is therefore liable to be dismissed.
7. It is accordingly dismissed.
Order Date :- 28.10.2021 YK