Dharmendra Kumar Patel v. State of U.P. and 5 Others

Court No. - 47 Case :- WRIT - C No. - 31815 of 2023 Petitioner :- Dharmendra Kumar Patel Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Akhilesh Bharti,Shailendra Kumar Counsel for Respondent :- C.S.C. Hon'ble Manish Kumar Nigam,J.

¶1Heard learned counsel for the petitioner, learned Standing Counsel for the State and perused the record.

¶2The instant writ petition has been filed for following relief: "I. Issue a writ order or direction in the nature of mandamus directing the respondent no. 3 to decide the application dated 21.10.2022 of petitioner expeditiously within stipulated time bound period as fixed by this Hon'ble Court under the facts and circumstances. II. Issue a writ, order or direction in the nature of mandamus directing the authority concerned to restrain the respondent no. 3 to 6 from producing hindrance in peaceful and legal possession of the petitioner over the land 183 square meters out of 0.3310 hectares, Khasra No. 713 situated at Village-Bendao, Pargana-Arail, Teshil-Karchhana, District-Prayagraj."

¶3From the perusal of the application filed as annexure no. 4 to this writ petition, it appears that there is a dispute of the petitioner with a private person.

¶4Learned Standing Counsel raised a preliminary objection that such a writ petition is not maintainable for a private dispute and in the garb of the present petition the petitioner wants to settle his private dispute.

¶4In view of the above, I am not inclined to interfere in the matter.

¶5Accordingly, the petition is dismissed with liberty to the petitioner to seek relief as available to him under provisions of U.P. Revenue Code, 2006. Order Date :- 28.10.2023 Ved Prakash (Manish Kumar Nigam, J.) High Court of Judicature at Allahabad