Somdutt Tyagi v. State of U.P. and 7 Others

Court No. - 47 Case :- WRIT - C No. - 40121 of 2023 Petitioner :- Somdutt Tyagi Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Pratik Chandra Counsel for Respondent :- C.S.C.,Kaushalendra Nath Singh,Sunil Kumar Singh Hon'ble Manish Kumar Nigam,J.

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

¶2This writ petition has been filed for following reliefs: "I. Issue a writ, order or direction in the nature of Certiorari quashing the order dated 23.02.2023 passed in Revision No. 50 of 2023 (Old Revision No. 3177/ 2019) (Computer Case No. ME202311270050) (Som Dutt Tyagi Vs. State of U.P. and others) by Board of Revenue (Circuit Bench -I) (Meerut), Mandal-Meerut, District-Gautam Buddha Nagar. II. Issue a writ, order or direction in the nature of mandamus not to give effect to the order dated 23.02.2023 passed in Revision No. 50 of 2023 (Old revision No. 3177/2019) (Computer Case No. ME202311270050) (Som Dutt Tyagi Vs. State of U.P. and others) by by Board of Revenue (Circuit Bench I)(Meerut), Mandal Gautam Buddha Nagar. Meerut, District III. Issue a writ, order or direction in the nature of Certiorari quashing the order dated 08.11.2019 passed in Appeal No. 00970/2019 (Computer Case No. C201911000000970) by Additional Commiser-4th Meerut Division, Meerut. IV. Issue a writ, order or direction in the nature of mandamus not to give effect to the order dated 08.11.2019 passed in Appeal No. 00970/2019 (Computer Case No. C201911000000970) by Additional Commiser-4th Meerut Division, Meerut. V. Issue a writ, order or direction in the nature of Certiorari quashing the order dated

11.02.2019 passed by Sub Divisional Magistrate, Dadri, District Gautam Budh Nagar in Case No. 00020/2019 (Computer Case No. T20019111270200020) (Mohini Ung Vs. State of U.P. and others). VI. Issue a writ, order or direction in the nature of mandamus not to give effect to the order dated 11.02.2019 passed by Sub Divisional Magistrate, Dadri, District Gautam Budh Nagar in Case No. 00020/2019 (Computer Case No. T20019111270200020) (Mohini Ung Vs. State of U.P. and others). VII. Issue a writ, order or direction in the nature of mandamus directing the respondents not to interfere the petitioner in the peaceful possession of Plot in question."

¶3Contention of learned counsel for the petitioner is that after the remand by this Court vide judgment and order dated 10.07.2023, fresh proceedings under Section 24 of U.P. Revenue Code, 2006 were initiated. It has been contended by learned counsel for the petitioner that two contrary reports have been submitted and therefore, the present writ petition is being filed.

¶4A preliminary objection has been raised by learned Standing Counsel that proceedings are pending and in case, the petitioner is aggrieved by the reports, he may file the objection there and once the orders are passed under Section 24 of the U.P. Revenue Code, 2006, the petitioner may challenge the same.

¶5In view of the above, I am not inclined to interfere in the matter.

¶6The writ petition is dismissed with liberty to the petitioner to file objections if not already filed to the report by which the petitioner is aggrieved and in case such an objection is filed, the same shall be considered decided after hearing all the concerned parties in accordance with law. Order Date :- 30.11.2023 Nitika Sri. (Manish Kumar Nigam, J.) High Court of Judicature at Allahabad