Petitioner withdrew the writ petition after submitting that he will approach the competent forum for adjudication of his rights under U.P. L.R. Act, 1901.
Petitioner permitted to withdraw petition with liberty to agitate matter before competent forum.
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Neutral Citation No. - 2024:AHC-LKO:253
Court No. - 8
Case :- WRIT - C No. - 1002993 of 2014
Petitioner :- Ram Das Respondent :- Apar Commissioner Devi Patan Mandal Gonda And Ors. Counsel for Petitioner :- Vijay Kumar Tiwari Counsel for Respondent :- C.S.C.
Hon'ble Jaspreet Singh,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondent.
By means of the instant petition, the petitioner assails the order dated 15.04.2014 passed by the Additional Commissioner, Devi Patan Mandal Gonda, whereby the revision of the petitioner came to be dismissed, as a result the order dated 08.11.2004 passed by the Tehsildar, Gonda was affirmed.
Learned counsel for the petitioner has fairly submitted that the instant petition arises from the proceedings relating to mutation in terms of U.P. L.R. Act, 1901. It is further submitted that the petitioner is claiming right on the basis of the Will. However, this aspect has not been considered appropriately by the authorities.
After making his submissions at some length, he submits that he may be permitted to withdraw this petition with liberty to agitate the matter before the competent forum.
In view of the aforesaid, the petition is dismissed as not pressed with liberty to the petitioner to seek adjudication of his rights before regular forum as may be available to him under law. It is made clear that the findings recorded in the summary mutation proceedings shall not come on the way of the petitioner, in case he chooses to agitate his rights before the court in regular proceedings.
Order Date :- 2.1.2024 Ashutosh Pandey
Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench
Ram Das
Apar Commissioner Devi Patan Mandal Gonda And Ors.
Jaspreet Singh
Ashutosh Pandey
As recorded by the court registry
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