Surendra Pratap Gupta and 3 Others v. State of U.P. and 4 Others

Court No. - 47 Case :- WRIT - C No. - 41304 of 2023 Petitioner :- Surendra Pratap Gupta And 3 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Onkar Nath Mishra Counsel for Respondent :- C.S.C. Hon'ble Manish Kumar Nigam,J.

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

2.The present petition has been filed for the following relief: 1) A writ order or direction in the nature of mandamus directing the Respondent No.2 (District Magistrate, District Jaunpur) to decide the correction application dated 23.03.2023 within stipulated period so fixed by this Hon'ble Court."

¶3Learned Standing Counsel has raised a preliminary objection that from perusal of the prayer claimed in the writ petition as well as the representation, it appears that a proper course for the petitioner is to move an application under Section 38 of U.P. Revenue Code, 2006 before the competent authority.

¶4In view of the above, I am not inclined to entertain this petition.

¶5Accordingly, the present petition stands disposed of with liberty to the petitioners to move an appropriate application under Section 38 of the Land Revenue Code, 2006. In case, the petitioners move such an application, the competent authority may consider and decide the same in accordance with law expeditiously preferably after giving opportunity of hearing to the parties concerned provided that there is no other legal impediment. Order Date :- 1.12.2023 S. Singh High Court of Judicature at Allahabad