Court No. - 9
Case :- WRIT - C No. - 24417 of 2019 Petitioner :- Suresh Babu And 3 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Satya Narayan Yadav Counsel for Respondent :- C.S.C.,Ashish Kumar Srivastava
Hon'ble Anjani Kumar Mishra,J.
Heard Shri Anant Kumar Tiwari holding brief of Shri Satya Narayan Yadav, counsel for the petitioner and Shri Ashish Kumar Srivastava, counsel for the Gaon Sabh, respondents 4 and 5.
The petitioners seek a writ of mandamus, directing the District Magistrate, Firozabad to consider a representation filed by them.
A perusal of the representation reveals that it is directed against a resolution of the Gaon Sabha for making an allotment. It also reveals that the resolution of the Gaon Sabha has not been forwarded to the Sub Divisional Magistrate for his approval.
In my considered opinion, the representation is entirely misconceived and for the same reason, no direction is being issued to the District Magistrate to decide the same.
In case the petitioners are aggrieved person and the resolution of the Gaon Sabha is duly approved by the Sub Divisional Magistrate, the petitioners may, thereafter initiate proceedings for cancellation of the allotment.
Subject to the above, this writ petition fails and is dismissed.
Order Date :- 26.7.2019 Mayank