Court No. - 3
Case :- WRIT - C No. - 9188 of 2018 Petitioner :- Suresh Kumari Respondent :- State Of U.P. And 4 Ors. Counsel for Petitioner :- Ravindra Kumar Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Mithal,J. Hon'ble Saral Srivastava,J.
Heard Sri Ravindra Kumar, learned counsel for the petitioner and learned Standing Counsel who has appeared for the respondent nos. 1 to 4.
The petitioner has preferred this writ petition so as to seek a direction upon the respondents to ensure compliance of the order dated 22.02.1997 passed by the Additional Civil Judge (J.D.) Ist, Shikohabad (Firozabad) as well as the order dated 13.10.2005 passed by the Tehsildar, Mainpuri, District- Firozabad.
The order of the Additional Civil Judge (J.D.) Ist, Shikohabad (Firozabad) dated 22.02.1997 decrees the suit of the petitioner for the cancellation of the sale deed.
Even if it is accepted that the aforesaid decree is conclusive as it has not been set aside by any higher court, its compliance cannot be ensured through directions of the writ court rather the petitioner has to approach for its execution in accordance with law.
The order of the Tehsildar dated 13.10.2005 is in respect to the mutation proceedings. The order of mutation passed earlier on 04.11.2004 has been recalled by him by the aforesaid order as it was ex-parte in nature.
In case petitioner is aggrieved by the order passed in mutation proceedings, the remedy available to the petitioner is in the revenue court or by way of an appeal to a higher authority on the revenue side.
In view of the aforesaid facts and circumstances, this Court in exercise of extraordinary jurisdiction cannot grant any relief in respect to the orders mentioned in the prayer clause of the petition.
The writ petition as such misconceived and is dismissed.
Order Date :- 27.3.2018 Israr