Buddhi Narayan Prasad And Another vs State Of U.P. And 4 Others
2023 Latest Caselaw 9665 ALL

Citation : 2023 Latest Caselaw 9665 ALL
Judgement Date : 3 April, 2023

Allahabad High Court

Buddhi Narayan Prasad And Another vs State Of U.P. And 4 Others on 3 April, 2023

Bench: Surya Prakash Kesarwani, Anish Kumar Gupta




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 3
 

 
Case :- WRIT - C No. - 37973 of 2022
 

 
Petitioner :- Buddhi Narayan Prasad And Another
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Anil Kumar Aditya
 
Counsel for Respondent :- C.S.C.,Bhupendra Kumar Tripathi
 

 
Hon'ble Surya Prakash Kesarwani,J.

Hon'ble Anish Kumar Gupta,J.

Heard learned counsel for the petitioners and learned Standing Counsel for the State-respondents.

This writ petition has been filed praying for the following relief:

"(i) issue a writ, order or direction in the nature of Certiorari quashing the impugned, combined report dated 07/08.10.2022 submitted by the respondent no. 3, 4, Revenue Inspector, Naugarh and Lekhpal (Annexure-17 to the writ petition.).

(ii) issue a writ, order or direction in the nature of mandamus directing the respondent authorities to record the name of petitioners over Gharauni/shop in dispute in compliance to the Judgment and Order dated 10.0102022 passed by Civil Judge (Senior Division), Chandauli."

As per impugned report dated 7/8.10.2022, Annexure-17 to the writ petition, it appears that recommendations have been made in favour of several persons as tenants for grant of gharauni certificate. Those tenants have not been impleadeded as respondents in the present writ petition.

That apart, the writ petition raises several disputed questions of fact which cannot be decided under writ jurisdiction of Article 226 of the Constitution of India. Therefore, the writ petition is dismissed leaving it open for the petitioner to avail such remedy as may be available to him under law including liberty to file an objection against the impunged report dated 7/8.10.2022. If such an objection is submitted by the petitioner before the competent authority against the aforesaid impugned report, the competent authority shall take appropriate decision in accordance with law after affording reasonable opportunity of hearing to the petitioner and all other concerned persons.

Order Date :- 3.4.2023

Shubham Arya