Court No. - 6
Case :- WRIT - C No. - 38703 of 2019 Petitioner :- Ravindra Narayan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Raghwendra Prasad Mishra Counsel for Respondent :- C.S.C.,Diwakar Singh
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the petitioner and Shri Diwakar Singh for the Gaon Sabha as also learned Standing Counsel for the State-respondents.
The writ petition arises out of proceedings under Section 33/39 of the U.P. Land Revenue Act and seeks a writ of certiorari for quashing the order dated 14.01.2004 passed by the respondent no.3 and the order dated 09.09.2019 passed by the respondent no.2, whereby the revision filed by the petitioner has been dismissed by the Additional Commissioner-I.
By the order dated 14.01.2004, the name of the petitioner was ordered to be expunged from the land in question on the ground that it was recorded over land which is public utility land over which, nobody can acquire title.
Since, the proceedings, wherefrom the writ petition arises are summary proceedings which do not determine the title of the parties and the findings returned in these summary proceedings do not bind the Courts in regular title proceedings, this Court does not find it fit to entertain this petition.
In view of the above, the writ petition is dismissed with the observation that the petitioner is in case so advised may sue for a declaration in his favour.
Order Date :- 28.11.2019 RKM