Mohd.Rashid vs State Of U.P.And 2 Others
2014 Latest Caselaw 4255 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 18
 

 
Case :- WRIT - B No. - 41379 of 2014
 

 
Petitioner :- Mohd.Rashid
 
Respondent :- State Of U.P.And 2 Others
 
Counsel for Petitioner :- Rajesh Dwivedi
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Anjani Kumar Mishra,J.

The case called out in the revised list.  

Heard Sri Rajesh Dwivedi, learned counsel for the petitioner and learned standing counsel for the State-Respondents.

This writ petition has been filed seeking amongst the other following reliefs:

A writ, order or direction in the nature of mandamus directing the respondent authority to mutate the name of petitioner as seerdar of plot no. 33 area 15.5 Beegha and 280 Rakba 2 Beegha.  

From the perusal of the writ petition, it appears that the relief has been prayed for on th ground that an order was passed in favour of the father of the petitioner in Case No. 213/21-1-1975 dated 22.5.1975.

Even otherwise no cogent reason has been given as by to why nothing has done for almost 40 years since the passing of the order for obtaining the mutation. Athough it has been alleged by the petitioner that he was minor in 1975, almost 33 years have elapsed since the petitioner attained majority. Moreover, in this case mutation is being sought on the basis of representation which is alleged to have been made under UP Consolidation of Holdings Act. There is no provision for any such representation in the Act in question. The petitioner has also not stated anywhere in the writ petition that the order of 1975 in favour of his father was not challenged by anyone and has attained finality.

Under the circumstances, this Court is not inclined to grant the relief prayed for and therefore the writ petition is dismissed. It will, however, be open for the petitioner to avail such legal remedy as may be available to him under law for redressal of his grievance.

Order Date :- 11.8.2014

SKS