Allahabad High Court
Ashish Kumr And 8 Others vs State Of U P And 3 Others on 7 February, 2023
Author: Jayant Banerji
Bench: Jayant Banerji
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 19 Case :- WRIT - C No. - 731 of 2023 Petitioner :- Ashish Kumr And 8 Others Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Ram Raj Prajapati,Rama Kant Gupta Counsel for Respondent :- C.S.C.,Bhupendra Kumar Tripathi Hon'ble Jayant Banerji,J.
Heard Sri Ram Raj Prajapati, learned counsel for the petitioners, Sri C.B. Singh, learned counsel appearing for respondents No. 1 to 3 and Sri Bhupendra Kumar Tripathi, learned counsel for respondent No.4, Gaon Sabha.
This writ petition has been filed with the following prayers:-
"i. Issue a writ, order or direction in the nature of mandamus Deputy District Magistrate/ Sub-Divisional Magistrate, Sadar, Jaunpur to decide the Restoration Application filed by the petitioner No.1 in Case No. T. 202214360418252 (Gaon Sabha vs. State of U.P.) under Section 101 U.P. Revenue Code, 2006 within stipulated period as fixed by this Hon'ble Court.
ii. Issue a writ, order or direction in the nature of mandamus directing the Respondents No. 2 & 3 to restrain the Respondent No.4 Gaon Sabha not made any construction over the Arazi No. 1008-M area 0.062 Hectare, situated at Village Bhikareekpur, Malhahi, District Jaunpur till decision the restoration application, in the interest of justice.
iii. Issue a writ, order or direction which this Hon'ble Court may deem fit and proper under the circumstances of the case.
iv. Award the cost of the petition in favour of the petitioners."
The contention is that in the year 2016 proceedings under Section 101 of the U.P. Revenue Code, 2006 were taken and plot No. 703, Village- Malhani, Pargana Haweli, Tehsil- Sadar, District Jaunpur was exchanged with plot No. 1008M having an area of 0.062 hectares for building of Panchayat Bhawan. The petitioners claim to be elected members of the Gram Panchayat and seek to challenge the aforesaid exchange of land.
Learned Standing Counsel and learned counsel appearing for the Gaon Sabha have placed for perusal of the Court paragraphs No. 8 and 10 of the writ petition as well as an order dated 19.3.2021 passed by this Court in Writ-C No. 6885 of 2021 (Rajesh Kumar vs. State of U.P. and others) that has been enclosed as Annexure-5 to the writ petition to contend that for decision of the very same restoration application, in respect of which orders are being sought from this Court in the instant petition, the previous writ petition of 2021 was filed. It is stated that in the previous writ petition another member of the Gram Panchayat had filed the writ petition while in the present writ petition other members of the Gram Panchayat have filed the petition. It is stated that the cause of action of the previous writ petition and the present writ petition are the same.
On perusal of the record of the writ petition and on consideration of the objections raised by the learned counsel for the respondents, it appears that the stand of the learned counsel for the respondents is correct. Learned counsel for the petitioner has not been able to dispute the fact that the restoration application, in respect of which the previous writ petition was filed, is the same restoration application in which the order is being passed in the present writ petition.
The restoration application that has been filed as Annexure-3 to the writ petition, in respect of which the present writ petition has been filed, has been perused by me. Undoubtedly, this is the second writ petition by another set of members of the Gram Panchayat. This is nothing but an abuse of process of the Court by certain members of the Gram Panchayat.
The order dated 19.3.2021 passed in Writ-C No. 6885 of 2021 is being quoted herein for ready reference:-
"Heard learned counsel for parties.
The instant writ petition has been preferred seeking the following reliefs:
"A. Issue, a writ, order or direction a nature of mandamus commanding the respondent no. 3 (S.D.M. Sadar District Jaunpur) to decide the restoration application filed in case no. T-20161436042303 (Rajesh Kumar Vs. Gaon Sabha and others) under section 101 U.P. Revenue Act 2006 Village Malhani Pargana Haweli Tehsil Sadar District Jaunpur. pending before him within stipulated period which may fixed by this Hon'ble Court.
B. Issue, a writ, order or direction in the nature of mandamus commanding the respondent No. 5 Gram Sabha to not construct the Panchayat Bhawan till the disposal of restoration application."
Bearing in mind the nature of dispute which is raised mainly of the situation of the Panchayat Bhawan and the fact that a restoration application has been made against the order of 20 May 2016, the Court finds no ground to issue any peremptory directions.
Petition is dismissed. "
Under the circumstances, this writ petition is being dismissed with cost of Rs.1000/- to be paid by each of the nine petitioners individually i.e. Rs.9000/- in all.
This cost has to be deposited within one month from today, failing which the steps shall be initiated by the Registrar General for recovery of the same as fine.
Order Date :- 7.2.2023 Vandana (Jayant Banerji,J.)