Smt. Indrawati and Another v. State of U.P. and 5 Others

Court No. - 47 Case :- WRIT - C No. - 31491 of 2023 Petitioner :- Smt. Indrawati And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Mamta Counsel for Respondent :- C.S.C,Bhupendra Kumar Tripathi Hon'ble Manish Kumar Nigam,J.

¶1Case called out in the revised list. None appears on behalf of the petitioner, however, learned Standing Counsel is present.

¶2This writ petition has been filed for following relief: "i) issue a writ, order or direction in the nature of Mandamus, directing the respondents especially respondent nos. 2 to 4 to look into the matter and order to restrained the respondent no. 6 not to making construction on the disputed land i.e. Arazi/ Gata No. 59 Min./0.0120 Hectare situated at Village Nevada, Mukhlispur Pargana Rari, Tehsil Badlapur, District-Jaunpur, till the disposal of the Revision No. 202214000001965 of 2022 (Smt. Indrawati Devi and Others Vs. Baijnath Sharma and Others.)

ii) issue a writ, order or direction in the nature of Mandamus, directing the Respondent no. 2 to 4 to decided the application of the petitioners dated 16.08.2023 to take the note to the grievances of the petitioners and accordingly pass some appropriate orders on the application of the petitioners, so that the proceedings can take place within a specified period and justice may be done to the petitioners."

¶3Learned Standing Counsel has raised a preliminary objection that there is a dispute of the petitioner with the respondent No. 6, which cannot be gone into in the present proceedings.

¶4In view of the fact that there is a dispute with the private respondent, I am not inclined to interfere in the matter.

¶5Accordingly, the petition is dismissed with liberty to the petitioner to pursue the remedy available to him under law. Order Date :- 31.10.2023 Nitika Sri. (Manish Kumar Nigam, J.) High Court of Judicature at Allahabad