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2014 DIGILAW 1231 (ALL)

Farooq v. State of U. P.

2014-04-17

D.Y.CHANDRACHUD, DILIP GUPTA

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JUDGMENT HON'BLE DILIP GUPTA, J. The following reliefs have been prayed in the petition which has been filed in the public interest: "To issue writ in the nature of mandamus to direct the Deputy Collector Behat, Saharanpur to record name of all tenure holders which emerges from river Jamuna in 1393-98 F Khatauni i.e. 1985-86 1991-92 after 1326 i.e. 1918-19 submerge in river being Zameendar sir, khurdbakht, grove, rent free grantee etc. who became transferable Bhumidhar or non transferable Bhumidhar after abolition of Zameendari in 1951 or direct the Deputy Collector Behat Saharanpur to decide representation filed by petitioner on 11-02-2014 on behalf of all tenure holder including in Tehsil Behat." 2. We are not inclined to entertain a petition of this nature which seeks a general direction in regard to all tenure holders. An individual who is aggrieved would be at liberty to pursue the remedies available in law under the U.P. Zamindari Abolition & Land Reforms Act, 1950 or the U.P. Land Revenue Act, 1901. We, accordingly, decline to entertain the petition since without an evaluation of the facts of each case, such general reliefs cannot be granted under Article 226 of the Constitution in a public interest petition. 3. The petition is, accordingly, dismissed.