Petitioner filed a writ petition seeking quashing of an order regarding pond claims. The court found petition not maintainable as the matter is appealable under U.P. Revenue Code Rules and adjudication lies under the Code. Petition dismissed.
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Court No. - 59
Case :- WRIT - C No. - 17606 of 2021
Petitioner :- Ramesh Mishra Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Amit Kumar Singh Counsel for Respondent :- C.S.C.,Krishna Kumar Chaurasia,Sudhir Bharti
Hon'ble Rajeev Misra,J.
Heard Mr. Amit Kumar Singh, learned counsel for petitioner, learned Standing Counsel for respondents-1,2,3,4, Mr. Sudhir Bharti, learned counsel for respondent-5 and Mr. Krishna Kumar, learned counsel for respondent-6.
Petitioner has filed present writ petition claiming following relief:
"(i) issue a writ, order or direction in the nature of certiorari quashing the impugned (non speaking) order dated 13.2.2021, passed by Sub Divisional Magistrate, Salempur, District Deoria (Annexure no.6 to this writ petition).
(ii) issue a writ, order or direction in the nature of mandamus commanding the respondents to decide the claim of petitioner regarding pond no. 114/0.0.441 and pond no. 163/0.227 which is still vacant and considering the claim of petitioner regarding aforesaid ponds pending with speaking order within stipulated period as fixed by thsi Hon'ble Court. "
At the very outset, learned Standing Counsel submits that order dated 13.2.2021 is appealable before Collector Deoria in terms of Rule 59 of U.P. Revenue Code Rules, 2016.
With regard to prayer-2, learned Standing Counsel submits that claim of petitioner regarding ponds in dispute can be adjudicated by instituting appropriate proceedings under U.P. Revenue Code, 2006. Consequently, present writ petition is not maintainable.
When confronted with above, learned counsel for petitioner could not over come the same.
In view of above, present writ petition fails and is liable to be dismissed.
It is accordingly dismissed
Order Date :- 11.11.2021/Arshad
1 issue framed by the court
Whether the writ petition regarding the quashing of a non-speaking order and commanding a decision on water resources is maintainable.
Ramesh Mishra
State Of U.P.
Rajeev Misra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
