Sipahi Lal And Others vs Addl. Commissioner (Judicial) ...
2023 Latest Caselaw 7106 ALL

Citation : 2023 Latest Caselaw 7106 ALL
Judgement Date : 3 March, 2023

Allahabad High Court

Sipahi Lal And Others vs Addl. Commissioner (Judicial) ... on 3 March, 2023

Bench: Saurabh Lavania




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 19
 

 
Case :- WRIT - C No. - 1756 of 2023
 

 
Petitioner :- Sipahi Lal And Others
 
Respondent :- Addl. Commissioner (Judicial) Devi Patan Mandal, Gonda And Others
 
Counsel for Petitioner :- Afzal Hasan
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Saurabh Lavania,J.

Heard.

The present petition has been filed, for the following main reliefs:-

"(i) Issue a writ order or direction in the nature of Certiorari thereby quashing the impugned order dated 27.01.2023, 21.07.2000 and 16.01.1996 passed by the opposite party no. 2 to 3 as contained in ANNEXURE No. 1, 2 and 3 to this writ petition.

(ii) Issue a writ order or direction in the nature of Mandamus commanding the opp. parties not to create disturbance in peaceful possession of the petitioner over the land in question."

From the reliefs sought, quoted above, as also the material available on record including the averments made in this petition, it is apparent that the orders impugned in the present petition relate to mutation proceedings and the petitioner has also sought a consequential relief to the effect that respondent concerned be directed not to dispossess the petitioner from the land, in issue.

On being confronted regarding maintainability of this petition in the light of various pronouncements on the issue including the latest judgment of this Court dated 05.04.2022 passed in WRIT- B No. 295 of 2022 (Smt. Kalawati vs. The Board Of Revenue And 6 Others), learned counsel for the petitioner says that the petitioner would file a suit for declaration of his rights over the property, in issue.

Considering the aforesaid, this Court is not inclined to entertain this petition for the reliefs sought. It is accordingly dismissed with liberty to the petitioner to file a suit for declaration in the light of relevant provisions of U.P. Revenue Code, 2006 read with U.P. Revenue Code Rules, 2016.

It would be apt to observe here that the Authority dealing with the suit shall not be influenced by the observations made by the Authorities in the impugned order(s).

Order Date :- 3.3.2023

Jyoti/-