Court No. - 38
Case :- WRIT - C No. - 28307 of 2021 Petitioner :- Rama Shankar Respondent :- The District Magistrate And 2 Others Counsel for Petitioner :- Santoosh Kumar Dwivedi Counsel for Respondent :- C.S.C.,Sudhir Bharti
Hon'ble Rajeev Misra,J.
1. Heard Mr. Santosh Kumar Dwivedi, learned counsel for petitioner and learned Standing counsel representing respondents 1 & 2 and Mr. Sudhir Bharti, learned counsel representing respondent-3.
2. Perused the record.
4. At the very outset, learned Standing Counsel representing respondents 1 and 2 has raised a preliminary objection regarding maintainability of present writ petition. Learned Standing Counsel submits that subsequent to notice issued by respondent-2, Tehsildar, Tehsil-Padrauna, District-Kushinagar an application was filed by Ramanand, who is not the petitioner. Therefore, present writ petition filed on behalf petitioner-Rama Shankar seeking expeditious disposal of Case No. T202005440100624 (Gaon Sabha Vs. Rama Nanad), under Section 67 (2) of U.P. Revenue Code, 2006 is prima-facie not maintainable as petitioner is not a party to aforesaid proceedings.
5. When confronted with above, learned counsel for petitioner submits that due to inadvertence Ramanand brother of Rama Shanker has not been made party/petitioner. He, therefore submits that present writ petition be dismissed as not pressed with liberty to file fresh with better particulars and details.
6. Learned Standing counsel representing respondents 1 & 2 and Mr. Sudhir Bharti, learned counsel representing respondent-
3 do not oppose the prayer made by learned counsel for petitioner.
7. In view of above, present writ petition is dismissed with aforesaid liberty.
Order Date :- 29.10.2021 YK