TULSIRAM Vs. STATE OF U P AND 14 OTHERS
LAWS(ALL)-2018-4-465
HIGH COURT OF ALLAHABAD
Decided on April 18,2018

TULSIRAM Appellant
VERSUS
State Of U P And 14 Others Respondents

JUDGEMENT

Pradeep Kumar Singh Baghel, J. - (1.) The petitioner has preferred this writ petition for issuance of a writ of mandamus directing respondent nos. 1 to 4 to ensure compliance of the stay order dated 09th April, 2018 passed by the Settlement Officer Consolidation, Allahabad. The relief sought for by the petitioner reads as under: "(A).. a writ of Mandamus directing respondent no. 1 to 4 to insure the compliance of stay order dated 9-4-2018 passed by Court of Settlement Officer Consolidation Allahabad in Appeal No. 548 + 332 (Chhedi Khan versus Tulasiram) under section 11(1) of U.P. Consolidation of Holdings Act, 1953, and also directing to respondents 5 to 14 to maintain status quo on properties old plot no. 176 corresponding to new plots 314, 317, and 318 of Village Kanihar Pargana Jhusi Tahasil Phoolpur, Allahabad."
(2.) From the relief sought for by the petitioner it is clear that the petitioner wants to get the order of the Settlement Officer Consolidation executed by this Court. Under Article 226 of the Constitution of India this Court cannot issue a writ of mandamus for compliance of the stay order. The Uttar Pradesh Consolidation of Holdings Act, 1953 (for short, the "Act") is a complete Code in itself. The appropriate authority in such cases is the Consolidation Commissioner or the District Deputy Director of Consolidation, as the case may be. From the perusal of the writ petition it appears that without seeking appropriate remedy under the provisions of the Act the petitioner has invoked the jurisdiction of this Court under Article 226 of the Constitution, which is an extraordinary remedy.
(3.) The experience reveals that for petty matters the litigants are approaching this Court under Article 226 of the Constitution. The Delhi High Court in the case of Kotak Mahindra Bank Ltd. v. Bank of Baroda and another, W.P. (C) No. 9828 of 2015, has aptly observed that the High Courts have become very liberal in entertaining the writ petitions under Article 226 of the Constitution and the litigants have assumed that writ petition is remedy for all type of illnesses in the society, with the result that roster of all the High Courts are choked with the petty matters and they are unable to decide the important matters, which are becoming infructuous. The Supreme Court also in the case of Subrata Roy Sahara v. Union of India and others, 2014 8 SCC 470, has laid down the law that the time has come when the High Courts should curb the tendency of filing frivolous petitions on petty matters and for that heavy cost should be imposed upon the litigants. In another case in Phool Chandra and another v. State of Uttar Pradesh, 2014 13 SCC 112, the Supreme Court has held that to deprecate the tendency of filing of frivolous and petty matters the High Courts should impose cost on advocates also, who accept brief of such frivolous and petty matters.;


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