Court No. - 6 Case :- WRIT - C No. - 4885 of 2010 Petitioner :- Nishaar Respondent :- State Of U.P. And Others Petitioner Counsel :- Manoj Kumar Gautam Respondent Counsel :- C.S.C.,Mahesh Narain Singh Hon'ble Pankaj Mithal,J.
By means of this writ petition, petitioner is challenging the order dated
22.4.09 passed by Up Zila Adhikari under Section 197 read with Rule 176-
A(2) of the U.P. Zamindari Abolition and Land Reforms Act and the Rules
framed thereunder, respectively directing for cancellation of Asami Patta
(lease) granted to the petitioner on expiry of lease period of five years.
Against the said order, petitioner has a statutory alternative remedy of filing a
revision under Section 333 of the U.P. Zamindari Abolition and Land
Reforms Act.
The submission of learned counsel for the petitioner is that the order
impugned has been passed in violation of principles of natural justice and, as
such, the alternative remedy would not operate as a bar in the present case.
The matter of cancellation of lease involves consideration and verification of
factual aspects which cannot effectively be gone into in exercise of writ
jurisdiction and, as such, in my opinion the proper course open to the
petitioner is to get the matter first adjudicated by the revisional court instead
of directly invoking the writ jurisdiction.
In view of above, I am not inclined to interfere in the matter at this stage.
Petition is accordingly dismissed on the ground of alternative remedy.
However, in view of the fact that earlier a Writ Petition No.49462 of 2009
Begraaj Vs. State of U.P. and others, on similar and identical facts and
circumstances, has been entertained and an interim order protecting the
possession has been granted therein, I am of the view that similar protection
be also extended to the petitioner while relegating him to the alternative
remedy.
The petitioner may file revision within a period of one month from today and
for a period of one month status quo, as on date, shall prevail over the land in
dispute.
Order Date :- 4.2.2010
BK