Court No. - 9
Case :- WRIT - C No. - 24830 of 2019 Petitioner :- Ram Gopal Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Dinesh Kumar Mishra, Counsel for Respondent :- C.S.C.,Mahesh Narain Singh
Hon'ble Anjani Kumar Mishra,J.
Case called out in the revised list. None has appeaed for the parties to press this writ petition, which has been filed seeking the following relief-
"i) issue a writ, order or direction in the nature of mandamus directing the respondent authorities to decide the claim of petitioner for declaring him bhumidhar with transferable rights against Gata No.1033 mi area 0.114 hectare and gata no.1141 mi area 0.0190 hectare situate at village Naya Gaon Sikandrabad Dehat Tehsil Sikandrabad District Bulandsahar in terms of section 76(2) of the Uttar Pradesh Revenue Code, 2006.."
This relief has been sought by means of a representation addressed to the Sub Divisional Magistrate.
In my considered opinion, in case, the name of the petitioner is liable to be recorded as bhumidhar with transferable rights, his remedies is either by means of a suit for declaration under Section 144 of the Revenue Code, 2006 or by means of proceedings under Section 38 of the said Act for correction of papers.
In case, the petitioner is so advised, may avail the statutory remedies available to him for redressal of his grievance.
The relief claimed cannot be granted on a mere representation. Subject to the above, this writ petition is dismissed.
Order Date :- 30.7.2019 RKM