Court No. - 21
Case :- WRIT - B No. - 1101 of 2021 Petitioner :- Shivprasad Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Jitendra Yadav Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla
Hon'ble Dinesh Pathak,J.
Heard Shri Jitendra Yadav, learned counsel for the petitioner, learned Standing Counsel for the State of U.P., Shri Rameshwar Prasad Shukla, learned counsel for Opposite Party No.7 and perused the record.
By way of present writ petition petitioner has invoked the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India beseeching following prayers:-
"(i) Issue a writ, order or direction in the nature of mandamus commanding the respondents not to disposses the petitioner from the Gata No.965, area 0.348 Kari, Gata No. 966, area 0.279 Kari and Gata No.967, area 0.120 Kari.
(ii) Issue a writ, order or direction in the nature of mandamus restraining the respondents not to make Panchayat Bhawan over the aforesaid land of the petitioner.
(iii) Issue a writ, order or direction in the nature of mandamus commanding the respondent authority to take action against the respondent no.8 and other respondents.
(iv) Issue, any such other order or direction as this Hon'ble Court may deem fit and proper under the facts and circumstances of the case.
(v) Award the cost of the writ petition in favour of the petitioner."
It is submitted by the learned counsel for the petitioner that in 1359 Fasli plot in question was recorded in the name of the father of petitioner, but due to clerical mistake his name could not be continued in the Basic Consolidation Record, when the village came under the Consolidation Operation. Feeling aggrieved, petitioner has filed objection dated 16.12.2020under Section 9-A(2) of U.P. Consolidation of Holdings Act (Annexure-2) before Consolidation Officer. Taking the benefit of aforesaid entry, Village Pradhan has allowed to construct the Panchayat Bhawan over the plot belongs to the petitioner. In this respect, he has already filed the objection to stop any construction over the plot in question. The petitioner has made several representations before the authorities concerned but they have not paid any heed to his grievance. In these circumstance, petitioner has invoked the extraordinary jurisdiction of this Court for issuing mandamus against the State authorities including private respondent no.8. It is own case of the petitioner that name of his father was not recorded in the Basic Consolidation Record, consequently he has filed objection under Section 9-A(2) of U.P. Consolidation of Holdings Act to establish his right and title over the plot in question. He further submits that the aforesaid objection is still pending for disposal, meaning thereby as on date petitioner has no right and title over the property in question and his claim is still sub-judice before the competent court i.e. Consolidation Officer (respondent no.4).
It is urged by the learned counsel for the petitioner that this Court may issue a mandamus directing the respondent to decide his representation. Suffice it to say in this regard that writ of a mandamus can be issued only in those cases where the authorities are under legal obligation to perform a statutory duty, but on the representation they failed to perform the same, their failure to perform statutory duty gives the cause of action to an aggrieved persons. Mere filing of a representation is not sufficient to issue a writ of mandamus unless it is further demonstrated that their action is demurrable. In the present matter, right and title of the petitioner is still under cloud and authorities are not under legal obligation to protect the possession of petitioner as claimed by him.
In this conspectus, I do not find any substance in the submission made by learned counsel for the petitioner, who is failed to make out any ground to warrant the indulgence of this Court in exercise of its jurisdiction under Article 226 of the Constitution of India. Therefore, the present writ petition is devoid of merits and it is, accordingly, dismissed.
Order Date :- 27.7.2021 Zafar