Allahabad High Court
Mahant Ram Kewal Das Chela Mahant ... vs Commissioner, Ayodhya Division, ... on 5 October, 2023
Bench: Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:64125
Court No. - 18
Case :- WRIT - C No. - 7673 of 2023
Petitioner :- Mahant Ram Kewal Das Chela Mahant Baba Mahesh Das
Respondent :- Commissioner, Ayodhya Division, Ayodhya And 4 Others
Counsel for Petitioner :- Ganga Prasad Mishra,Abhinav Mishra,Mohiuddin Khan
Counsel for Respondent :- C.S.C.
Hon'ble Saurabh Lavania,J.
Mr. Govind Prasad Tripathi learned Advocate, has put in appearance for the respondent no. 5 and has filed his Vakalatnama and a copy of writ petition bearing Writ-C No. 3556 of 2023, which are taken on record.
Supplementary affidavit filed on behalf of the petitioner, is taken on record.
Heard.
In view of order proposed to be passed, issuance of notice to the private-respondents is hereby dispensed with.
The present petition has been filed for the following main reliefs:-
"i. Issue a writ, order or direction in the nature of Certiorari thereby to quash the impugned order dated 29.03.2023, order dated 30.08.2008 and 29.01.2008 passed by the opposite party nos. 1, 2 and 3, contained as Annexure Nos. 1, 2 & 3 to the writ petition.
ii. Issue a writ, order or direction in the nature of Mandamus thereby directing the opposite parties not to dispossess the petitioner and not to alienate the property and to maintain status-quo over the land in question till the disposal of the present writ petition."
Sri Govind Prasad Tripathi, learned Counsel for the private opposite party stated that the present writ petition is not maintainable and liable to be dismissed with costs for two reasons:- (i) The present petitioner earlier approached this Court by means of Writ-C No. 3556 of 2023, challenging the same orders and this Court disposed of the said petition vide order dated 02.05.2023 with liberty to the petitioner/Mahant Ram Kawal Dash, to file a regular suit seeking right of declaration and (ii) The present petition has been filed against the dead person (opposite party no.4) who expired on 02.07.2010.
The aforesaid could not be disputed.
Considered the submission of learned Counsel for the parties and perused the records.
A perusal of the copy of Writ C No. 3556 of 2023, it is apparent that orders which have been challenged in the present petition, were challenged in Writ-C No. 3556 of 2023. For ready reference, prayer sought in earlier petition is quoted below:-
"(i) Issue a writ, order or direction in the nature of certiorari to quash the impugned judgment and order dated 29.03.2023, passed by Commissioner, Ayodhya Mandal, Ayodhya in Revision No. 01679/2016; Computerized No. C-201604000001679; under section 219 of U.P. Land Revenue Act; Ram Kawal Das Versus Baba Sita Ram Das as well as order dated 30.08.2008 passed by the Up Ziladhikari/Assistant Collector (First Class), Jalalpur, Ambedkarnagar in Appeal no.48; under section 210 U.P. Land Revenue Act; Mahant Ram Kawal Das Versus Sita Ram Das and order dated 29.01.2008 passed by Tehsildar, Tehsil Jalalpur, Ambedkarnagar in Case No.466/901; Under section 34 of U.P. Land Revenue Act, Mahesh Das Versus Sukhari Das, respectively contained as Annexure no. 1,2 & 3 to the writ petition.
(ii) Issue a writ, order or direction in the nature of mandamus commanding the opposite parties not to give any effect of the order impugned in the writ petition, as contained in Annexure no. 1,2 & 3 to the writ petition."
The earlier petition has admittedly disposed of by this Court vide order dated 02.05.2023.
For the aforesaid reasons as also that petition has been filed against the dead person, this Court is of the view that present petition is liable to be dismissed with costs.
Accordingly, the present petition is dismissed with cost of rupees 2,000/-, which shall be deposited by the petitioner within one month in the Registry of this Court, failing which the said amount shall be recovered as arrears of land revenue.
Order Date :- 5.10.2023
Jyoti/-
