Court No. - 32

Case :- WRIT - C No. - 14057 of 2021

Petitioner :- Rahul Dwivedi And 4 Others

Respondent :- State Of U.P. And 16 Others

Counsel for Petitioner :- Shyam Singh Sengar

Counsel for Respondent :- C.S.C.,Abhishek Rai,Azad

Rai,Chandan Sharma,Rajesh Kumar Nishad

Hon'ble Rohit Ranjan Agarwal,J.

Heard Sri Shyam Singh Sengar, learned counsel for the

petitioners, learned Standing Counsel for the respondent nos. 1

and 2, Sri Azad Rai, learned counsel for the respondent no. 3,

Sri Abhishek Rai, learned counsel for the respondent nos. 5 to 9

and Sri Rajesh Kumar Nishad, learned counsel for the

respondents.

This writ petition arises out of proceedings under Section 33/39

of the L.R. Act. Petitioners have challenged the order dated

07.04.2021 passed by the respondent no. 2 in Case No.

RST/151/1984-85 (Ramkishore Vs. Balkrishna) filed under

Section 219 of L.R. Act, 1901.

On the matter being taken up today, learned Standing Counsel

has raised a preliminary objection in regard to maintainability

of writ petition by submitting that no writ petition lies against

summary proceedings and in the present case proceedings had

been contested by the petitioners t