Court No. - 21 Case :- WRIT - C No. - 5042 of 2010 Petitioner :- Vinod Kumar Sharma Respondent :- State Of U.P. & Others Petitioner Counsel :- V.B. Shukla Respondent Counsel :- C.S.C. Hon'ble V.K. Shukla,J.
Present writ petition has been filed for issuing a writ in the nature of
mandamus commanding the respondents not to interfere in the
peaceful possession and occupation of the petitioner over khasra Nos.
5, 18, 91, Khatauni No.106 situated in village Kazipura, Tehsil
Dhanaura, District J.P. Nagar under the garb of order dated
21.08.2009 passed by Tehsildar Dhanaura, District J.P. Nagar.
Proceeding in question reflects that on 21.08.2009 an order has been
passed, wherein application under Section 5 of the Limitation Act has
been allowed and the mutation order passed on earlier occasion has
been recalled and the file has been restore to its original number.
Once proceedings are ongoing, then the relief which has been claimed
for, cannot be accorded by this Court, as the matter requires
adjudication of facts in respect of possession and occupation of the
petitioner. Said factual aspect of the matter can be adjudicated by the
competent court and not in writ jurisdiction.
Consequently, writ petition, as has been framed and drawn, is
dismissed.
Order Date :- 2.2.2010
SRY