Court No. - 38
Case :- WRIT - C No. - 27147 of 2021 Petitioner :- Ramdayal And 3 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Subhash Chandra Yadav,Bhupendra Kumar Tripathi Counsel for Respondent :- C.S.C.
Hon'ble Rajeev Misra,J.
1. Heard Mr. Subhash Chandra Yadav, learned counsel for petitioners, learned Standing Counsel representing respondents-
1 to 4 and Mr. B.K. Tripathi, learned counsel representing respondent-5, Gaon Sabha.
2. Perused the record.
3. This writ petition under Article 226 of the Constitution of India has been filed challenging entire proceedings of Case No. T202014180303177, T202014180303178, T202014180303180 and T202014180303186 initiated against petitioners by means of notices dated 02.08.2021 issued by respondent-4, Tehsildar, Tehsil- Sakaldeeha, District Chandauli in terms of Section 67(2) of U.P. Revenue Code, 2006.
4. At the very outset, learned Standing Counsel and Mr. B.K. Tripathi, learned counsel representing respondent-5, Gaon Sabha have raised a preliminary objection regarding maintainability of present writ petition. They jointly submit that notice can be challenged on limited grounds, i.e., either the proceedings are not maintainable or there is inherent lack of jurisdiction with the authority which has issued notice. However, in the present case none of the aforesaid contingencies exists. As such, present writ petition is not maintainable.
5. When confronted with above, learned counsel for petitioners could not overcome the same.
6. However, learned counsel for petitioners contends that petitioners have perfected their right, title and interest over the land in dispute by virtue of provisions contained in Section 123(2) of U.P.Z.A. & L.R. Act, 1950.
7. Admittedly, no order under Section 123(2) of U.P.Z.A. & L.R. Act, 1950 has been passed in favour of petitioners till date. Therefore, what follows from above is that petitioners have yet to obtain declaration in their favour regarding the land in dispute in terms of Section 123(2) of U.P.Z.A. & L.R. Act, 1950.
8. In view of above, remedy of petitioner is to approach before appropriate forum under Section 123(2) of U.P.Z.A. & L.R. Act, 1950, now Section 67(A) of U.P. Revenue Code, 2006. Resultantly, relief prayed for by petitioners, cannot be granted by this Court.
9. In view of above, present writ petition fails and is therefore liable to be dismissed.
10. Writ petition is accordingly dismissed.
Order Date :- 28.10.2021 Saif