RAM KUMAR SINGH Vs. COMMISSIONER DEV STHAN DEPARTMENT

JUDGEMENT

(1.) Matter comes up on Misc. Application No. 81894/2018 filed by the respondent No. 10 and 11 to vacate the ex-parte interim order passed by this Court on 20.07.2018. Mr. R.P. Singh senior counsel appeared on behalf of respondent Nos. 10 and 11 submitted that the present writ petition itself is not maintainable before this Court, as petitioner has based his right on account of an agreement to sale alleged to have been executed in his favour by one Shiv Narayan and the total piece of land is said to be transferred by said agreement measuring 60x40 feet.

(2.) Counsel for the respondents submitted that the lease deed which was executed between the respondent Nos. 10 and 11 and other trustees of the Trust was executed on 10.08.2016 and registered on 11.08.2016, which was subsequently amended by 17.08.2016 and registered again on the same date. Counsel submitted that challenge to the lease deed cannot be a subject matter in the writ petition under Article 226 of the Constitution of India and if at all any person has a grievance, the same is required to be challenged in appropriate forum. Counsel submitted that the petitioner has filed the instant writ petition in his individual capacity and as such the prayers sought in the writ petition are in the nature of seeking relief like in public interest litigation.

(3.) Counsel submitted that writ petition has been filed challenging the lease deed executed in 2016 and petition has been filed in the year 2018 and filing of such petition is actuated with certain oblique purpose.