Shri Prakash Srivastava and Another v. State of U.P. and 5 Others

Court No. - 47 Case :- WRIT - C No. - 40099 of 2023 Petitioner :- Shri Prakash Srivastava And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Anand Prakash Yadav,Krishna Nand Yadav Counsel for Respondent :- C.S.C. Hon'ble Manish Kumar Nigam,J.

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

¶2The instant petition has been filed seeking following relief :- "i) issue a writ order or direction in the nature of mandamus directing the respondent no.3/Tehsildar, Sadar, District Maharajganj to decide the Mutation Case No.T020100547113 Under Section 34 L.R. Act, after the disposal of 6-C2 application in Civil Suit No. 06 of 2010 (Shri Prakash Srivastava Versus Devendra Kumar Srivastava and others) pending before Civil Judge (Senior Division) Maharajganj.

ii) issue a writ, order or direction in the nature of mandamus directing the respondents not to interfere in the peaceful possession of the petitioner during pendency of Civil Suit No. 06 of 2010 before Civil Judge (Senior Division) Maharajganj."

¶3Contention of learned counsel for the petitioners is that proceedings of mutation case be decided after disposal of the application for interim injunction in the suit.

¶4Learned Standing Counsel has raised a preliminary objection that both the proceedings are independent and, therefore, no relief can be granted to the petitioners in the writ petition.

¶5In view of the same, this Court is not inclined to interfere in the matter.

¶6Accordingly, the writ petition is dismissed with liberty to the petitioner to pursue the remedy as available to him under the law. Order Date :- 30.11.2023 Rishabh [Manish Kumar Nigam, J.] High Court of Judicature at Allahabad