Surendra and 5 Others v. State of U.P. and 4 Others

Court No. - 47 Case :- WRIT - C No. - 36211 of 2023 Petitioner :- Surendra And 5 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ram Swaroop Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla Hon'ble Manish Kumar Nigam,J.

¶1Heard learned counsel for the parties and perused the record.

¶2The present writ petition has been filed seeking following main relief :- "i) Issue a writ order or direction in the nature of certiorari quashing the notice dated 01.08.2023 issued by Tehsildar, Tehsil - Budhanpur, District - Azamgarh (Annexure no.1).

ii) Issue a writ order or direction in the nature of mandamus directing/restraining the respondents not to interfere in peaceful possession over the land/house of the petitioners."

¶3A preliminary objection has been raised by learned Standing Counsel that present writ petition is not maintainable as the writ petition has been filed against the notice, issued to the petitioners, in proceedings under Section 67(1) of the U.P. Revenue Code, 2006.

¶4In view of the above, this Court is not inclined to interfere in the matter.

¶5Accordingly, the writ petition is dismissed with liberty to the petitioner to raise all possible objections before respondent No.4 where the proceedings u/s 67 of the U.P. Revenue Code, 2006 are pending and in case, such an objections are filed, it is expected that they will be considered and decided, in accordance with law. Order Date :- 18.10.2023 Rishabh [Manish Kumar Nigam, J.] High Court of Judicature at Allahabad