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BHAGAUTI PRASAD MISHRA AND OTHERS versus STATE OF U.P. THRU' ITS SECRY. LAND AND REVENUE AND OTHERS

High Court of Judicature at Allahabad

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Bhagauti Prasad Mishra And Others v. State Of U.P. Thru' Its Secry. Land And Revenue And Others - WRIT - C No. 12439 of 2007 [2007] RD-AH 3919 (8 March 2007)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon. Anjani Kumar, J.

Hon. Dilip Gupta, J.

This petition has been filed for a direction upon the district administration to take a decision on the representation filed by the petitioners.

The averments made in the writ petition indicate that the petitioners apprehend that persons belonging to a particular community shall make a claim before the district authorities for carrying on 'Tazia' from the fields belonging  to the petitioners and, therefore, they have filed certain representations for protection of their property. It is, therefore, clear that the representation has been filed merely on the basis of some apprehension.

Learned counsel for the petitioners could not satisfy us that the district authorities are under a statutory obligation to decide the representation. Even otherwise, the dispute raised in the present petition can be determined only after the evidence is led. We, therefore, decline to entertain this petition and leave it open to the petitioners to pursue their remedy by filing a civil suit, if so advised.

The writ petition is,  accordingly, dismissed.

Dt/- 8.3.2007

Sharma/12439


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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