Jokhai v. State of U.P. and 7 Others

Court No. - 47 Case :- WRIT - C No. - 40305 of 2023 Petitioner :- Jokhai Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Ramesh Kumar,Jeet Bahadur Gautam Counsel for Respondent :- C.S.C.,Bhupendra Kumar Tripathi Hon'ble Manish Kumar Nigam,J.

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

¶2The present petition has been filed for the following relief: "a) Issue a writ, order or direction in the nature of Mandamus directing the respondent nos.2 & 3 to consider and decide the application dated 30.10.2023 submitted before respondent no.2 & 3 against the respondent no.6 to 8 regarding eviction of the petitioner over his Abadi land, which has been pending before respondent no.2 & 3 expeditiously as possible as within short stipulated period. b). Issue a writ, order or direction in the nature of mandamus directing the respondents to evict the Respondent No.6 to 8 over the Araji No.211 area 0.0320 Hec., situated at Village Rampur Khurd, Police Station Meerganj, Pargana Ghisua, Tehsil Machhalishahar, District Jaunpur which is Gaon Sabha Land recorded in revenue records as "Navin Parti". c) Issue a writ, order or direction in the nature of Mandamus directing the respondents to not dispossess the petitioner over his Abadi land siutated at Village Rampur Khurd, Police Station Meerganj, Pargana Ghisua, Tehsil Machhalishahar, District Jaunpur."

¶3From perusal of the representation moved by the petitioner, it appears that petitioner has dispute with private respondents.

¶4Learned Standing Counsel has raised a preliminary objection that such a writ petition is not maintainable and in the garb of the present petition, the petitioner wants to settle his private dispute. It has been further contended by learned Standing Counsel that revenue court is a complete code for redressal of grievances of the petitioner.

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

¶6Accordingly, the writ petition is dismissed with liberty to the petitioner to seek remedy as available to him under the law. Order Date :- 1.12.2023 S. Singh High Court of Judicature at Allahabad