The petitioner purchased a land plot, leading to a possession dispute. The Court held that the remedy lies under the Land Revenue Code and refused to exercise writ jurisdiction.
Petition disposed as withdrawn with liberty to approach appropriate revenue authorities/Court.
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Court No. - 2
Case :- WRIT - C No. - 6979 of 2021
Petitioner :- Smt. Kusum Devi Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Jai Prakash Mishra,Umesh Kumar Prasad Counsel for Respondent :- C.S.C.
Hon'ble Suneet Kumar,J.
Heard learned counsels for the parties and perused the record.
Pursuant to the order dated 20.07.2021 passed by this Court, learned Standing Counsel has received instructions from the Sub-divisional Magistrate, Padrauna, vide communication dated 31.07.2021. It is submitted that upon inquiry of the matter, as per report submitted by Tehsildar, Padrauna, petitioner had purchased a plot admeasuring 0.081 hectare at Arazi No. 50, area 1.505 hectare. On the strength of the purchase, name of the petitioner was entered in the revenue record. It is further noted that the dispute is with regard to the possession over the land inter se contesting parties. Accordingly, petitioner would have to take remedy under Section 134 of U.P. Land Revenue Code, 2006.
Since disputed questions of facts and law are involved, this Court is not inclined to interfere in exercise of extraordinary jurisdiction under Article 226.
The petition is disposed of as withdrawn with liberty to petitioner to take remedy in accordance with law before the revenue authorities/Court.
Order Date :- 2.8.2021 P. Sri.
1 issue framed by the court
Whether the Hon'ble Court should interfere in a dispute regarding possession of land despite extraordinary jurisdiction under Article 226.
2 provisions across 2 enactments
Smt. Kusum Devi
State Of U.P.
Suneet Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
