This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2024:AHC-LKO:52261
Court No. - 8
Case :- WRIT - C No. - 6538 of 2024
Petitioner :- Rajesh Kumar Respondent :- State Of U.P. Thru. District Magistrate, Lucknow And Others Counsel for Petitioner :- Mahendra Pratap Singh Counsel for Respondent :- C.S.C.
Hon'ble Jaspreet Singh,J.
Heard learned counsel for the petitioner. Notice on behalf of respondent nos.1 an 2 has been accepted by the office of Chief Standing counsel.
The petitioner has filed the instant petition seeking following reliefs:
"(i) issue a writ order or direction in the nature of mandamus commanding the opposite party no.2 to dispose of the application dated 11.07.2024 which has been filed for identification of signature through hand writing expert before passing any order in the suit no.T202110460218186 under Section 34 of U.P. Revenue Code, 2006 village Barawan Kala, Tehsil and District Lucknow, in the interest.
(ii) issue a writ, order or direction in the nature of mandamus commanding the opposite party no.2 to call for report of hand writing expert opinion for identification of the signature of marginal witnesses Rajesh Kumar and Mahadeen in the interest of justice."
Apparently, from perusal of the material available on record the proceedings are already engaging the attention of the respondent no.2.
The record further indicates that at the behest of the petitioner an order had been passed on 18.01.2024 and the parties were also directed to maintain status quo despite the same an application has been moved by the petitioner, a copy of which has been brought on record as Annexure no.1. It is in the aforesaid backdrop that the petitioner submits that a direction be issued to respondent no.2 to decide the said application. There is nothing on record to indicate that any effort has been made by the petitioner informing the Court to decide the said application since the matter is already seized by the respondent
no.2/Naib Tehsildar Nagar, Tehsil Sadar, Lucknow.
In view of the aforesaid, this Court is not inclined to entertain the present petition leaving it open for the petitioner to take recourse as may be available to him in law.
With the aforesaid, the petition is dismissed. Order Date :- 31.7.2024 Harshita
Digitally signed by :- HARSHITA High Court of Judicature at Allahabad, Lucknow Bench
Rajesh Kumar
State Of U.P.
Jaspreet Singh
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court