Court No. - 9
Case :- WRIT - C No. - 14614 of 2019 Petitioner :- Shivram Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Dwijendra Prasad Counsel for Respondent :- C.S.C.
connect with Case :- WRIT - C No. - 14662 of 2019 Petitioner :- Rakesh Kumar Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Dwijendra Prasad Counsel for Respondent :- C.S.C.
and Case :- WRIT - C No. - 14672 of 2019 Petitioner :- Ramvir Singh Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Dwijendra Prasad Counsel for Respondent :- C.S.C.
Hon'ble Anjani Kumar Mishra,J.
In these three writ petitions identical relief has been sought namely that the proceedings initiated by the petitioner for incorporating his name in the Khatauni be decided expeditiously.
From the submissions made in the writ petition, it transpires that the petitioner's case is that his father was recorded over the land prior to the abolition of zamindari allegedly on the basis of lease granted in his favour in the year 1946. Petitioner is not able to state as to whether the name of his father continued over the land in question after the abolition of zamindari. The application for correction of papers have been filed in the year 2018 almost 65 years after the abolition of zamindari.
Under the circumstances, the applications filed by the petitioner are entirely misconceived and for this reason alone the mandamus prayed for, namely directions for the expeditious disposal of the applications for correction of papers not are liable to be issued.
The only remedy for the petitioner, as on date, is by means of suits for a declaration. Petitioner and may avail this remedy, in case, so advised.
Subject to the above, these writ petitions fail and are dismissed.
Learned Standing Counsel is directed to ensure that copy of this order is placed upon files of the cases instituted by the petitioner for correction of papers and which are stated to be pending consideration before the respondent no. 3.
Order Date :- 30.4.2019 sweta