Court No. - 17
Case :- WRIT - B No. - 4857 of 2018 Petitioner :- Raj Kumar Mathur Respondent :- State Of U.P. And 9 Others Counsel for Petitioner :- Anjani Kumar Tripathi Counsel for Respondent :- C.S.C.
Hon'ble Rajiv Joshi,J.
Heard counsel for the petitioner and learned standing counsel. By this petition, the petitioner seeks firstly a direction in the nature of mandamus commandng the respondent no. 3,4 & 5 i.e. District Magistrate, Bulandshahr, Sub Divisional Magistrate, Baran, Bulandshahr and Tehsildar, Tehsil-Bulandshahr, Bulandshahr, to comply with the order dated 16.1.2018 passed in Revision No. 1403 of 2012-13, under section 219 of the U.P. Land Revenue Act.
The relief as sought for is totally misconceived. The record reveals that vide order dated 16.1.2018, revision no. 1403 filed by Pyare Lal Jatav against the petitioner, was allowed and the matter was remitted to the Tehsildar to decide the mutation case afresh after affording opportunity to the parties concerned.
By the second prayer also, a direction has been prayed commanding the above respondent nos. 3 to 5 to restrain the respondent no. 6 to 10 from selling the property in question.
This second prayer is also wholly misconceived. For that purpose, the petitioner has remedy to approach the Tehsildar concerned by way of appropriate application.
However, to meet the ends of justice, a direction is issued upon the respondent no. 5- Tehsildar, Tehsil Bulandshahr, Bulandshahr to decide the mutation case nos. 63/69/94/100 of 1993, 85 of 2007 and 86 of 2007, in accordance with law expeditiously after due opportunity to the parties concerned.
With the above direction, the writ petition stands finally disposed of. No order as to costs.
Order Date :- 23.8.2018 SNT/