Narvada Dhuriya v. State of U.P. Thru. Secy. Revenue Deptt. Civil Secrt. U.P. Lucknow and Others

Court No. - 3 Case :- WRIT - C No. - 10830 of 2023 Petitioner :- Narvada Dhuriya Respondent :- State Of U.P. Thru. Secy. Revenue Deptt. Civil Secrt. U.P. Lucknow And Others Counsel for Petitioner :- Manuvendra Singh Counsel for Respondent :- C.S.C.,Pankaj Gupta Hon'ble Vivek Chaudhary,J. Hon'ble Manish Kumar,J.

¶1The petitioner has prayed for a writ of mandamus commanding/directing specifically the respondent no. 6-S.H.O. Police Sation Kandhai, District Pratapgarh not to interfere in his possession over the property in dispute. The sole submission made by the petitioner is that his mutation application has been rejected against which he has filed an appeal under Section 207 of the U.P. Revenue Code before the Sub Divisional Magistrate, Patti, Pratapgarh but the same is neither being registered nor heard by the Sub Divisional Officer, concerned.

¶2Sofar as the arguments raised before this Court is concerned, the grievance can be raised by the petitioner under Article 227 of the Constitution of India as the court of Sub Divisional Magistrate counts within supervisory powers. Hence, writ under Article 226 of the Constitution of India before the Division Bench is not maintainable.

¶3With the aforesaid liberty, consigned to record. . (Manish Kumar, J.) (Vivek Chaudhary, J.) Order Date :- 13.12.2023 Virendra High Court of Judicature at Allahabad, Lucknow Bench