Court No. - 38
Case :- WRIT - C No. - 5618 of 2021 Petitioner :- Shri Ram And 15 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Vinod Kumar Dwivedi Counsel for Respondent :- C.S.C.,Pankaj Kumar Gupta
Hon'ble Rajeev Misra,J.
Heard Mr. Vinod Kumar Dwivedi, learned counsel for petitioner, learned Standing Counsel representing respondents-1 to 4 and Mr. Pankaj Kumar Gupta, learned counsel representing respondent-6.
Perused the record.
Petitioner has filed present writ petition for following reliefs:-
"(a) Issue a writ, order or direction in the nature of mandamus commanding the respondents no.2, 3 and 4 to evict and dispossess the respondent no.5 demolish the construction and to remove the encroachment and blockage vacating the plot no.458/0.0130 Hectare and plot no. 460/0.0380 Hectare (Garha) of the Village- Kohat Tiwari, Gram Panchayat- Kohal Tiwari, Tappa- Ramgarh, Pargana- Amodha, Tehsil- Harraiya, District- Basti.
(b) Issue a writ, order or direction in the nature of mandamus commanding the respondents no.2, 3 and 4 to demarcate the land, i.e., plots no. 458/0.0130 and 460/0.0380.
(c) Issue a writ, order or direction in the nature of mandamus commanding the respondents no.2, 3 and 4 to take action against the respondent no.5 in accordance with law.
(d) Issue any other suitable writ, order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.
(e) Award cost of the writ petition to the petitioners."
At the very outset, learned Standing Counsel has raised a preliminary objection regarding maintainability of present writ petition. Learned Standing Counsel submits that in case petitioner is aggrieved by the constructions/encroachment made on plots no. 458 and 460 which is recorded in the name of Gaon Sabha/Public Utility Land, then remedy of petitioner lies to approach the appropriate authority in terms of Section 67 or Section 24 of U.P. Land Revenue Code, 2006. He, therefore, submits that present writ petition is not maintainable.
When confronted with above, learned counsel for petitioner could not overcome the same.
In view of above, present writ petition fails and is liable to be dismissed as not maintainable.
It is, accordingly, dismissed.
Order Date :- 25.10.2021 Saif