Writ petition challenging lack of acceptance of documentary evidence and seeking to drop proceedings. Held that objections are open to parties and no proceedings were challenged. Petition dismissed.
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Court No. - 6
Case :- WRIT - C No. - 51057 of 2004
Petitioner :- Mohammad Husain Respondent :- State Of U.P. And Others Counsel for Petitioner :- Shivendra Bahadur Counsel for Respondent :- C.S.C.,Bishram Tiwari
Hon'ble Yashwant Varma,J.
Heard learned counsel for the petitioner and the learned Standing Counsel for the State-respondents.
This petition has been preferred seeking the following reliefs:
"(i) To issue an order direction or writ in the nature of mandamus commanding the respondent no.2 to accept the documentary evidence of the petitioner at Revisional stage and decide in accordance with law.
(ii) To issue an order direction or writ in the nature of mandamus commanding the respondent no.2, to drop the proceeding initiated by respondent no.4 to 7, in the Court of Sub-Divisional Officer in suit No. 1679 Mohammad Hussain vs Sudama & Others."
The reliefs as claimed are clearly misconceived since no proceedings are challenged. All that is sought is the issuance of a writ of mandamus commanding the respondents to drop proceedings initiated by the respondents 4 to 7 here. Since all objections are open to be taken by the respective parties, the Court finds no ground to entertain this writ petition.
The petition stands dismissed .
Order Date :- 20.8.2019 Arun K. Singh
(Yashwant Varma, J.)
1 issue framed by the court
Whether a writ of mandamus can be issued to accept documentary evidence at the revisional stage and drop proceedings initiated by other respondents.
Mohammad Husain
State Of U.P.
Yashwant Varma
As recorded by the court registry
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