Court No. - 6 Case :- WRIT - C No. - 69431 of 2009 Petitioner :- Ved Puri & Others Respondent :- State Of U.P. & Others Petitioner Counsel :- Y.D. Mishra Respondent Counsel :- C.S.C.,Mahesh Narain Singh Hon'ble Arun Tandon,J.
Hon’ble Arun Tandon, J.
This writ petition has been filed for the following reliefs :
“issue a writ, order or direction in the nature of mandamus commanding
the respondents to dispossess the petitioners from the disputed land
situated in village Narsena & Lalpur Tehsil Sahaswan District Budaun on
the basis of the order/recommendation dated 25.08.2009 passed by
respondent no. 4 (Annexure no. 3 to the writ petition).
Issue a writ, order or direction in the nature of mandamus commanding
the respondents not to give effect the order/recommendation dated
25.08.2009 passed by respondent no. 4 and to stop the cancellation
proceedings of pattas initiated against the petitioners.”
In the opinion of the Court both the reliefs prayed for are
totally misconceived. No mandamus can be issued by this
Court restraining the dispossession of the petitioners from the
land in dispute inasmuch as the proper remedy available is to
initiate proceedings for declaration of his title and possession
under Section 229-B/229-D of the UPZA&LR Act, if he is
being illegally dispossessed.
So far as the second relief is concerned, counsel for the
petitioners could not point out as to under which provision of
law representation has been filed before the authority
concerned.
Writ petition is dismissed.
Dated : 06.01.2010
VR/WP-69431/09