- (1.) THE petitioners have filed an earlier writ petition 'in the public interest', PIL 28240 of 2015, seeking the same reliefs as sought in these proceedings, which was dismissed as withdrawn on 18 May 2015 with the following order: "The learned counsel appearing for the petitioners seeks leave to withdraw the writ petition with liberty reserved to institute appropriate proceedings that will be maintainable in law. The petition is, accordingly, dismissed as withdrawn with liberty as prayed. There shall be no order as to costs."
(2.) THE relief which has been claimed in the present proceedings under Article 226 of the Constitution is as follows: "issue a, writ or direction in the nature of mandamus commanding and directing the statutory respondents to record the land of Gata Nos.1231, 1241 Gha, 1282, 2347, 2375 Kha, 2370 Kha, 2345 Ga, 1246 Ga, 1256, 2388 Cha (all admeasuring approx 70 Bighas) to its original nature as it existed prior to fasli year 1362 from expunging the name of 'Kabristan' of the petitioner's village i.e. Village - Rampur, Kasba - Kishanpur, Pargana - Ekdala, Tehsil - Khaga, District Fatehpur as the same proceeds on forged/interpolated entry in the revenue records vide order of Tehsildar, Khaga passed in Suit No. Nil of 1955 dated 17.05.1955 (to which he had no jurisdiction as the same vests with the 'Collector' in view of Para A -155 -A sub -clause (9) of Chapter A -VIII of the U.P. Land Records Manual and further the same is not passed in any Suit proceedings)."
(3.) AS the prayer clause would indicate, the issue which the petitioners seek to raise would require an investigation into several disputed questions of fact. The petitioners seek the restoration of the revenue records in respect of certain land to the position prior to fasli year 1362; expunging the name of the Kabristan; and adjudication on whether an entry in the revenue record is forged/interpolated and the legality of an order passed by the Tehsildar on 17 May 1955. The record before the Court indicates that the Gram Sabha had moved a proceeding under Sections 33/39 of the U.P. Land Revenue Act, 1901 for correction of the revenue record, which was dismissed by the Sub Divisional Magistrate, Khaga, District Fatehpur on 28 January 2015. The remedy, if any, of the aggrieved individual would be to challenge the order of the Sub Divisional Magistrate. If the petitioners have any other substantive remedy in law, including under the provisions of the Land Revenue Act, they are at liberty to avail of that remedy. However, we are emphatically of the view that a petition of this nature would require an investigation into disputed questions of fact, and is not maintainable.;