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Judgment
8 paragraphs · 366 wordsManoj Kumar Tiwari, J
According to the petitioner, he is in cultivatory possession over Varg-4 (Category-4) land since last several years. According to the petitioner, he is entitled to benefit of Government Policy, which provides for regularization of possession of persons over Varg-4 land, provided such possession is from a date anterior to the date fixed in the Government Order. Petitioner had earlier filed Writ Petition (M/S) No. 78 of 2020, which was dismissed by a Co-ordinate Bench of this Court as not maintainable vide order dated 11.01.2021. Operative portion of the said order is reproduced below:
"After having heard the learned counsel for the parties and having gone through the Government Order too, this Court is of the view that the nature of relief sought for may not be a subject matter, which can be considered and decided by the writ courts under Article 227 of the Constitution of India because it will be entailing a factual determination of rights of the petitioner for his declaration to be recorded as Shreni 1 kha tenure holder; hence, this writ petition is dismissed with the liberty open to the petitioner to have a recourse to the appropriate remedies, whichever is available to him by way of filing a regular suit of declaration of his rights, if sustainable, in accordance with law before the competent court."
It transpires that, instead of filing a regular declaratory suit in terms of observation made by Co-ordinate Bench of this Court, petitioner filed a representation, which has been rejected by Officer In-Charge, Collectorate, Udham Singh Nagar vide order dated 28.07.2021. In this writ petition, petitioner has challenged the said order passed by Officer In-Charge, Collectorate, Udham Singh Nagar on 28.07.2021.
Since petitioner's writ petition was dismissed with liberty to petitioner to approach the Competent Court by filing a regular declaratory suit, therefore, subsequent writ petition for the same cause of action would not be maintainable.
In such view of the matter, this Court declines to interfere with the order passed by Officer In-Charge, Collectorate, Udham Singh Nagar on petitioner's representation.
Accordingly, the writ petition fails and is dismissed.
There will be no order as to costs.