Om Prakash Mishra And Another vs State Of U.P. And 5 Others
2023 Latest Caselaw 8960 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 9
 

 
Case :- WRIT - C No. - 9703 of 2023
 

 
Petitioner :- Om Prakash Mishra And Another
 
Respondent :- State Of U.P. And 5 Others
 
Counsel for Petitioner :- Shiv Shankar Pd Gupta,Girijesh Kumar Gupta
 
Counsel for Respondent :- CSC
 

 
Hon'ble Rohit Ranjan Agarwal,J.

Heard learned counsel for the petitioner and learned Standing Counsel for the State.

This writ petition has been filed with the following prayers:-

"I. A writ order or direction in the nature of certiorari quashing the impugned order dated 08-05.2017 passed by respondent no.4 and impugned appellate order dated 27-9-2021 passed by respondent no.3 and the impugned revisional order dated 2-12-2022 passed by respondent no.2.

II. A writ order or direction in the nature of mandamus commanding the respondents restraining them from interfering in peaceful possession of petitioner over the property in dispute in any manner forthwith."

This Court in case of Kalawati Vs. Board of Revenue and 6 others, 2022 (4) ADJ 578 has held that writ petition under Article 226 of the Constitution of India is not maintainable in summary proceedings. Relevant Para 40 of the said judgment is reproduced here as under:-

"40. Having regard to the foregoing discussion the exceptions under which a writ petition may be entertained against orders passed in mutation proceedings would arise where :

(i) the order or proceedings are wholly without jurisdiction;

(ii) rights and title of the parties have already been decided by a competent court, and that has been varied in mutation proceedings;

(iii) mutation has been directed not on the basis of possession or on the basis of some title deed, but after entering into questions relating to entitlement to succeed the property, touching the merits of the rival claims;

(iv) rights have been created which are against provisions of any statute, or the entry itself confers a title by virtue of some statutory provision;

(v) the orders have been obtained on the basis of fraud or misrepresentation of facts, or by fabricating documents;

(vi) the order suffers from some patent jurisdictional error i.e. in cases where there is a lack of jurisdiction, excess of jurisdiction or abuse of jurisdiction;

(vii) there has been a violation of principles of natural justice."

As the petitioners have an alternative remedy of approaching the appropriate forum for redressal of their grievance, writ petition filed under Article 226 of the Constitution of India is not maintainable and the same is hereby dismissed.

Order Date :- 27.3.2023

SK Goswami