Court No. - 42
Case :- WRIT - C No. - 23363 of 2021 Petitioner :- Saumya Infahaiatas Private Limited Respondent :- Commissioner Agra And 4 Others Counsel for Petitioner :- Suresh Chandra,Alok Tripathi Counsel for Respondent :- C.S.C.
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner and learned Standing Counsel appearing for the State respondents and perused the record.
Present petition has been filed with following prayer:-
"(i) Issue a writ order or direction in the nature of certiorari for quashing the impugned order dated 2.12.2020 passed by Respondent No. 3 in case No. 4093 of 2020 (Gaurav Agarwal Vs. Gulab Devi and others).
(ii) Issue a writ, order or direction in the nature of mandamus directing the respondent no. 3 to remove the illegal constructions of boundary wall by the respondent no. 4 and 5 over the Gata no. 188 and 189 situated at village Vidhpur, Tehsil Kirawali, District- Agra."
By the impugned order, suit filed by the petitioner under Section 116 of U.P. Revenue Code for partition has been dismissed on the ground that in fact, earlier partition had already taken place vide judgment dated 20.6.2013 and after partition of the land in dispute, boundary wall have been constructed over the shared land.
Learned Standing Counsel submits that claim of the petitioner has no merits and pointed out that against the impugned order an appeal is also pending for consideration before the Commissioner, a copy whereof is annexed as annexure no. 5 to the writ petition, however, number of the appeal has not been indicated in the annexure no. 5.
In the facts and circumstances of the case, I do not find any good ground to entertain the present petition.
Accordingly, present petition stands disposed of with liberty to the petitioner to pursue his remedy of appeal before the authority concerned, if the same is pending.
Order Date :- 21.9.2021 Aditya