Court No. - 9
Case :- WRIT - C No. - 18854 of 2019 Petitioner :- Shivraj Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Kuar Singh,Nand Lal Yadav Counsel for Respondent :- C.S.C.
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the petitioner and learned Standing counsel for the State-respondent.
The petition has been filed seeking the following relief-
"A) Issue a writ, order or direction in the nature of Mandamus commanding and directing the respondent no.3 to decide the representation dated 25.09.2018 pending before it within a stipulated period."
Perusal of the representation dated 25.09.2018 reveals that it has been made to the Tehsildar, Tehsil Phulpur, Azamgarh with the prayer that the petitioner to put his possession over land from which he has been dispossessed by private respondent no.4 and 5.
In my considered opinion, in case, the petitioner has been dispossessed from his land, the remedy available is by means of a suit for possession. In case, the petitioner is so advised, may avail such remedy.
The relief for a direction to the respondent to decide of representation is not being granted because the relief of possession sought in the representation filed by the petitioner cannot be granted by the administrative authorities on a mere representation.
The writ petition is therefore, misconceived and is dismissed.
Order Date :- 29.5.2019 Radhika