Court No. - 42
Case :- WRIT - C No. - 17530 of 2021 Petitioner :- Ramesh Chandra And Another Respondent :- Up-Ziladhikari Tehsil Sahawar And 2 Others Counsel for Petitioner :- Neeraj Srivastava,Hari Mohan Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner as well as learned Standing Counsel appearing for the State respondents and perused the record.
Present petition has been filed with the following prayers:
(i) issue writ order or direction in the nature of mandamus commanding respondent no. 1 for direction to parties to maintain status quo and further restrain the respondent no. 2 and 3 from changing the nature and character of suit land during the partition suit.
(ii) issue writ order or direction in the nature of mandamus commanding to consider, decide and dispose of application dated 29.9.2020 and 2.2.2021.
It is submitted that a suit under Section 116 of UP Revenue Code, 2006 is pending in the court of respondent no. 1. It was pointed out that when peaceful possession of the petitioner was disturbed, he moved an application before the respondent no. 1 and thereafter till date no order has been passed on it. Submission is that the parties may be directed to maintain status quo and a further has been made to issue mandamus to the respondent no. 1 to decide the application expeditiously.
A perusal of the record, I find that the suit under Section 116 of UP of Revenue Code being Case No. 02039 of 2020 is pending in the Court of respondent no. 1, however, prima facie, perusal of page 23 of the paper book it appears that the said application was moved on the administrative side and not in the suit proceedings.
In such view of the matter, once the suit is pending, appropriate remedy available to the petitioner is to move appropriate application in the suit proceedings.
Accordingly, present petition stands disposed of with liberty to the petitioner to move appropriate application in the suit proceedings, if so advised.
In case any such application is filed, it is expected that considering the allegations the same shall be decided as expeditiously as possible.
No order as to costs.
Order Date :- 30.7.2021 Abhishek