The petitioner's writ petition was dismissed because the petitioner was not a party to the underlying proceedings concerning the restoration application, rendering the current writ non-maintainable.
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Court No. - 59
Case :- WRIT - C No. - 26455 of 2021
Petitioner :- Komal
Respondent :- State Of U.P. Through Its Secretary Department Of Revenue And 3 Others Counsel for Petitioner :- Nagendra Nath Mishra,Nitya Nand Mishra
Counsel for Respondent :- C.S.C.,Pankaj Kumar Gupta
Hon'ble Rajeev Misra,J.
Heard Mr. Nagendra Nath Mishra, learned counsel for petitioner, learned Standing Counsel representing respondents-1 and 2 and Mr. Pankaj Kumar Gupta, learned counsel representing respondent-4.
Perused the record.
Petitioner has approached this Court for a writ of mandamus commanding respondents-2 to decide restoration application dated 14.01.2015 filed by respondent-3, Ghisan in Case No.734 (Murali Vs. Ghisan and Others) under Section 198(4) of U.P.Z.A. & L.R. Act, 19520 within a time period fixed by this Court.
At the very outset, learned Standing Counsel has raised a preliminary objection by submitting that since petitioner is not a party to the proceedings of afore-mentioned case, therefore, petitioner cannot maintain present writ petition.
When confronted with above, learned counsel for petitioner could not overcome the same.
In view of above, present writ petition fails and is therefore liable to be dismissed.
It is, accordingly, dismissed.
Order Date :- 9.11.2021 Saif
Komal
State Of U.P. Through Its Secretary Department Of Revenue
3 Others
Rajeev Misra
As recorded by the court registry
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