Phool Chandra Upadhyay v. State of U.P. and 7 Others

Court No. - 40 Case :- WRIT - C No. - 24699 of 2023 Petitioner :- Phool Chandra Upadhyay Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Kamal Dev Pandey,Ashutosh Tiwari Counsel for Respondent :- C.S.C. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Ms. Nand Prabha Shukla,J.

¶1Heard learned counsel for the petitioner and learned Standing Counsel for the State respondents.

¶2Phool Chandra Upadhyay is before this Court with a prayer to issue writ, order or direction in the nature of mandamus commanding the respondent authorities/revenue authorities to provide possession over the land in question situated at Mauja Sohana, Pargana, Tehsil & District Banda in pursuance of the registered sale deed dated 29.12.2021 as well as order dated 31.10.2022.

¶3Learned counsel for the petitioner has very strenuously advanced his submissions seeking indulgence of this Court to interfere with the matter. However, he failed to bag the discretion of this Court in petitioner's favour as the premise on which the entire issue stands for does not inspire confidence of this Court to look into the depth of such civil dispute which bears complexity in facts and that can only be redressed by filing a civil suit before the appropriate court.

¶4Looking into the aforesaid situation, we are not inclined to issue any direction in the matter leaving it open for the petitioner to take recourse of the remedy of filing a suit for determination of rights or damages before the appropriate court, if so advised.

¶5The writ petition is accordingly disposed of. Order Date :- 28.10.2023 A.K.Srivastava High Court of Judicature at Allahabad