HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 9 Case :- WRIT - C No. - 38102 of 2015 Petitioner :- Raja Aeshwarya Raj Singh Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Arvind Srivastava,Ayush Singh Counsel for Respondent :- C.S.C. Hon'ble Arun Tandon,J.
Hon'ble Ashwani Kumar Mishra,J.
Heard learned counsel for the parties and perused the record.
This petition has been filed seeking quashing of the documents dated 11.5.2015, 23.9.2011 (order dated 3.10.2011 transcribed on the order dated 23.9.2011), 14.9.2012, 24.8.2012 and 6.2.2002 (Annexures-30, 25, 27, 26 and 12 to the present writ petition). The order dated 11.5.2015 is a letter of the District Magistrate, Basti addressed to the Pariyojana Engineer, Pacfed Nirman Prakhand, Civil Line, Shaktinagar Colony, Basti for constructing the boundary wall around the residence of the District Magistrate as necessary proposal with financial sanction has been received. From the record, it is apparent that the property in dispute is in the occupation of the district Magistrate. Therefore, the direction to construct the boundary wall around the property in possession needs no interference under Article 226 of the Constitution of India. The order does not decide any rights or either of the parties.
So far as Annexure-25 is concerned, we find that it is only a letter written by one Sri V.K.Sharma to the State Government for taking appropriate action on the report of the Commissioner, Basti Division dated 6.2.2002, we find no reason to interfere with the said letter in as much as the State Government is still to apply its mind to the report of the Commissioner dated 6.2.2002.
So far as Annexure-20 is concerned, we find that it is the letter forwarded by the office of the District Magistrate asking the Superintendent of Police and other officers to ensure that the property in question is maintained and secured. We fail to understand as to how the petitioner can be aggrieved by such a letter.
So far as the documents enclosed as Annexure-30 to the petition is concerned, we find that it is a letter of the State Government dated 26.8.2012 whereunder the State Government has informed the District Magistrate, Basti that the report of the Commissioner dated 6.9.2002 has been accepted and accordingly the property subject matter of the report may be maintained and security arrangements be made for the same. We find no illegality in the said order of the State Government.
The document dated 6.2.2002 (Annexure-12 to the petition) is the report of the Commissioner in respect of the plots mentioned therein with the reference to the revenue entries, which in fact relate to the year 1884 onwards. The report records that Raja Jaleshwari Pratap Narayan Singh, whose name was recorded under G-1-10 was the licensee and the land belongs to the State Government.
In our opinion, the report, which prefers to various revenue records right since 1884 can be a subject matter of challenge or consideration in regular proceedings by way of one suit or under the provision of U.P.Z.A. & L.R. Act as may be maintainable. As the issue needs consideration of evidence and reading of long standing revenue entries.
In our opinion, the writ is not the proper record in the facts of the case. It is dismissed accordingly with liberty to file a suit.
Order Date :- 13.7.2015 Ashish Pd.