Court No. - 34
Case :- WRIT - A No. - 2580 of 2013 Petitioner :- Sohan Lal Ogra Respondent :- State Of U.P.Thru Secy & Ors. Counsel for Petitioner :- Vipul Kumar,B.K.Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Sudhir Agarwal,J. Hon'ble Ifaqat Ali Khan,J.
1. Heard Sri Vipul Kumar, learned counsel for petitioner and learned Standing Counsel for respondents.
2. This writ petition under Article 226 of the Constitution of India has been filed assailing order dated 22.11.2012 issued by Executive Engineer, Construction Division, Public Works Department, Dhampur, Bijnor, requiring petitioner to deposit a sum of Rs. 58,882.73 else the same may be recovered as arrears of land revenue by filing civil suit.
3. It cannot be said that aforesaid order is an order of recovery of dues from petitioner but it is only a demand from petitioner, failing which respondents have informed that they will avail remedy of filing civil suit. Therefore, no cause of action has arisen to petitioner. It is always open to petitioner not to deposit amount and thereafter to contest matter in civil suit, if filed by respondents.
4. For the reasons stated above the writ petition is dismissed. Interim order, if any, stands vacated.
Order Date :- 26.4.2018 AK