Court No. - 10
Case :- WRIT - C No. - 27671 of 2018 Petitioner :- Sudhir Kumar Singh And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Tej Bhanu Pandey Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioners and Shri Rajesh Srivastava, learned Standing Counsel for the State respondents.
The petitioners are before this Court with the request to issue mandamus directing the respondent authorities (specially third respondent) to take appropriate action against the private respondent and restore back the possession of the petitioners over the Plot no.791 area 2.6310 hectare situated in Khata no.392 in Village Margupur, Pargana Rari, Tehsil and P.S. Badlapur, District Jaunpur forthwith by exercising power vested under it in Revenue Code 2006.
At the very outset, Shri Rajesh Srivastava, learned Standing Counsel raised an objection that the in pursuance of the relief as has been asked for, the appropriate remedy of petitioners is to move an appropriate application under Section 134 of U.P. Revenue Code 2006 before the Competent Authority.
The Court has proceeded to examine the record in question and finds substance in the arguments of learned Standing Counsel as admittedly the relief as has been asked for against the private respondent, which cannot be accorded by this Court and the appropriate remedy of petitioner is to approach the Competent Authority under Section 134 of U.P. Revenue Code 2006.
In this backdrop, learned counsel for the petitioner states that the petitioners would definitely approach the competent authority by way of filing an application under Section 134 and the Authority concerned may be directed to decide the same at the earliest.
In view of above, on consent, the writ petition is disposed of with observation that if the petitioners move any such application within 15 days from today, the Court hopes and trusts that the Competent Authority would consider and decide the same within next four months thereafter but certainly after according opportunity of hearing to all the stake holders in the matter.
Order Date :- 30.10.2018 A. Pandey