The High Court dismissed a writ petition seeking quashing of an order by the Tehsildar holding the petitioner's application non-maintainable due to pending proceedings in other courts. No case was made out for interference under Article 226.
The writ petition was dismissed without interference in the matter.
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Court No. - 5
Case :- WRIT - C No. - 12628 of 2019
Petitioner :- Usman Ansari Respondent :- Collector, District Kushinagar And 8 Other Counsel for Petitioner :- Ramesh Chandra Singh Counsel for Respondent :- C.S.C.
Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the respondent nos. 1 and 2.
By means of the present petition the petitioner has prayed for quashing of the order passed by the Tehsildar dated 23.02.2019.
The Tehsildar vide impugned order has held that the application filed by the applicant is not maintainable. For the reasons that admittedly the proceedings related to the disputed land/Rasta is pending before the Sub Divisional Magistrate, Padrauna and that a proceedings under Section 133 Cr.P.C. is also pending before the lower Court.
Apart from that the proceedings are pending before the Civil Judge (Junior Division), Kushinagar being Case No. 297 of 2016 in which the present petitioner is the opposite party.
In view of the aforesaid, no case is made out to interfere in the matter under Article 226 of the Constitution of India.
However, it is open to the petitioner to get the cases expedited by filing the expedite applications.
With the above observation, the writ petition is dismissed.
Order Date :- 11.4.2019 SK Srivastava
2 issues framed by the court
Whether interference is justified under Article 226 of the Constitution of India despite pending proceedings in Sub Divisional Magistrate, lower Court, and Civil Court.
Whether the petition is maintainable when proceedings regarding disputed land are pending before other authorities.
1 provisions across 1 enactments
Usman Ansari
Collector, District Kushinagar
Ashok Kumar
SK Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
