Court No. - 35
Case :- WRIT - C No. - 32880 of 2012 Petitioner :- Smt. Rameshwari And Another Respondent :- State Of U.P. Thru Secy. And Others Counsel for Petitioner :- S.K. Mishra Counsel for Respondent :- C.S.C.,Shivam Yadav Hon'ble Bharati Sapru,J. Hon'ble Saral Srivastava,J.
Heard Shri S.K. Misrha, learned counsel for the petitioner and Shri Nimai Dass, learned Standing Counsel for the State.
This is a 2012 matter. Pleadings have been exchanged.
No one care to appears on behalf of NOIDA authority even in the revised call.
The Counter is on record and Shri Nimai Dass, learned Standing Counsel is present and he is assisting us.
From bare perusal of the writ petition, two things are clear; one that the entire claim of the petitioner has been set up on the basis of a lease. The very said lease as claimed by the petitioner is stated to be forged document in the counter filed by the NOIDA authority. The second thing which is also clear that no action has been taken by the respondent nos.3 and 4 against the petitioner as yet.
This petition has been filed on the basis of mere apprehension and lastly and most importantly if the petitioner claims to have civil rights over the land in dispute, it is always open to him to raise such grievances in appropriate suit. The Writ Court cannot be seized of the matter, which is writ large are the disputed facts, controversies and alleged forgeries.
We are, therefore, not inclined to entertain this petition. The writ petition is accordingly dismissed. No costs.
Order Date :- 25.4.2018/pks