Allahabad High Court High Court

Kalyan & Ors. vs District Magistrate & Anr. on 12 January, 2010

Allahabad High Court
Kalyan & Ors. vs District Magistrate & Anr. on 12 January, 2010
Court No. - 2

Case :- WRIT - C No. - 71214 of 2009

Petitioner :- Kalyan & Ors.
Respondent :- District Magistrate & Anr.
Petitioner Counsel :- Prakash Chandra Srivastav
Respondent Counsel :- C.S.C.

Hon'ble Ashok Bhushan,J.

Hon’ble Virendra Singh,J.

Heard learned counsel for the petitioners.

By this writ petition, the petitioners have prayed for a mandamus
commanding the respondents to take appropriate immediate
measures in respect of not transferring the agricultural lands which
are in the name of respondent no. 4.

Respondent No. 4 is the father of the petitioners and the
agricultural lands are recorded in his name. The petitioners’ name
being not recorded over the agricultural land, the petitioners’
submission cannot be accepted that they are also the co-owners.

In case the petitioners claim any right in the agricultural land
which is recorded in the name of their father, they have to establish
their right by filing a suit for declaration.

The writ petition is misconceived and is dismissed as such.

Order Date :- 12.1.2010
Jaideep/-