Court No. - 32
Case :- WRIT - C No. - 15227 of 2021 Petitioner :- Sita Ram Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Rohit Tiwari,Amit Kumar Pandey Counsel for Respondent :- C.S.C.,Bhupendra Kumar Tripathi
Hon'ble Rohit Ranjan Agarwal,J.
Heard learned counsel for the petitioner and learned Standing Counsel for respondent nos. 1 to 4. Sri B.K. Tripathi, learned counsel has accepted notice on behalf of respondent no. 5. Notice need not to be issued to respondent nos. 6 and 7.
This writ petition has been filed assailing the order dated 15.03.2021 passed by respondent no. 2 in revisional proceedings under Section 67(5) of the U.P. Revenue Code, 2006. In the year 2014, proceedings under Section 122B of the U.P. Z.A. and L.R. Act was initiated against respondent nos. 6 and 7 by Gaon Sabha on the basis of report of Lekhpal. On 21.07.2014, respondent no. 4 found that the case was not maintainable at the behest of Gaon Sabha against private respondent nos. 6 and 7 and the case was consigned to records.
It appears that after a lapse of three years, State Government as well as Gaon Sabha preferred an appeal before respondent no. 2 which was dismissed by the order impugned on the ground that the appeal/revision was filed with great delay and there was no explanation for the delay and the order of respondent no. 4 dated 21.07.2014 has been restored.
The present petition has been filed at the behest of the complainant who had earlier reported the matter to the Lekhpal who had submitted the report and proceedings were dropped by Tehsildar.
From the reading of the order impugned, I find that no case is made out for interference as the petitioner has no locus in proceeding with the present matter against the private respondent nos. 6 and 7 and the appeal/revision of the State has been dismissed by respondent no. 2 and it is only the State which can assail the order before this Court.
The writ petition is dismissed as being not maintainable.
Order Date :- 28.7.2021 V.S.Singh