Coram held that the second writ petition on identical facts and reliefs is barred, directing the petitioner to contest the recommended revenue proceedings instead.
The writ petition was dismissed and consigned to records.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 1
Case :- WRIT - C No. - 27891 of 2019
Petitioner :- Anil Kumar Jain And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Jata Shankar Pandey Counsel for Respondent :- C.S.C.,Pradeep Kumar Singh,Pranjal Mehrotra,Vrindavan Mishra
Hon'ble Ramesh Sinha,J. Hon'ble Ajit Kumar,J.
“(i) Issue a writ, order or direction in the nature of Certiorari quashing the order dated 5.12.2018 (Annexure No. 5 ) passed by the Respondent No. 2 to this writ petition.
(ii) Issue a writ, order or direction in the nature of Mandamus directing the respondents not to demolish the construction of the petitioners situated at Khasra No. 27M and 28 situated at Mahana Sarai alias Kot Goan and Khasra No. 620 situated at Village Nsirpur, District Ghaziabad.”
Petition No. 1105 of 2019 in which these very persons as petitioners had preferred that writ petition against the same order dated 5.12.2018.
“ We find that this is, precisely, the request made in the impugned order by the Commissioner, Nagar Nigam, Ghaziabad to the District Magistrate, Ghaziabad, which is in spite of a report submitted by the Tehsildar and Sub Sub Divisional Magistrate, Ghaziabad dated 27.10.2018. We, therefore, are of the view that the petitioners can have no grievance in so far as the impugned order dated 05.12.2018 is concerned, as they also want the land to be demarcated.
We, therefore, dismiss this writ petition with the direction to the respondent no. 3, the Nagar Ayukta, Ghaziabad Nagar Nigam, Ghaziabad, to get the land demarcated expeditiously, preferably, within a period of three months from the date of receipt of a certified copy of this order, after giving an opportunity of hearing to the parties concerned.”
by this Court (supra) in the earlier writ petition.
Order Date :- 26.9.2019 Nadeem Ahmad
(Ajit Kumar,J.) (Ramesh Sinha,J.)
2 issues framed by the court
Whether the present writ petition is maintainable given that an identical petition on the same facts and reliefs was already dismissed.
Whether proceedings under Section 67 of the U.P. Revenue Code, 2006 can now replace the writ remedy.
Anil Kumar Jain And Another
State Of U.P.
Ramesh Sinha
Ajit Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
