Petitioner approached the Court seeking execution of an order passed against him in underlying revenue proceedings. Counsel raised a preliminary objection regarding the petitioner's maintainability as a non-party to those proceedings, which was accepted.
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Court No. - 59
Case :- WRIT - C No. - 6448 of 2021
Petitioner :- Virendra Chauhan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ajeet Kumar Singh Counsel for Respondent :- C.S.C.
Hon'ble Rajeev Misra,J.
Heard Mr. A.K. Singh, learned counsel for petitioner and learned Standing Counsel representing respondents-1 and 2.
Petitioner has approached this Court for a writ of mandamus commanding respondent-2, Assistant Collector/Tehsildar (Judicial), Tehsil Ballia, District Ballia to execute order date 28.11.2019 as well as 06.03.2020 passed in Case No.396/ T201915090300688 of 2019 (Gaon Sabha Vs. Parashuram Rajbhar) under Section 67 of U.P. Revenue Code, 2006 (Annexures-7 and 8 to the writ petition).
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, he therefore cannot maintain present writ petition. Consequently, present writ petition is liable to be dismissed.
When confronted with above, learned counsel for petitioner could not overcome the same.
In view of above, present writ petition fails and is liable to be dismissed.
It is, accordingly, dismissed.
Order Date :- 15.11.2021 Saif
1 issue framed by the court
Whether a person not being a party to the underlying revenue proceedings can seek mandamus for execution of an order in those proceedings.
1 provisions across 1 enactments
Virendra Chauhan
State Of U.P.
Assistant Collector/Tehsildar (Judicial), Tehsil Ballia
Others
Rajeev Misra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
