Court No. - 32
Case :- WRIT - C No. - 9723 of 2019 Petitioner :- Akhilesh Kumar Singh Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Arvind Kumar Srivastava,Bhaju Ram Pprasad Sharma Counsel for Respondent :- C.S.C.
Hon'ble Shashi Kant Gupta,J. Hon'ble Pankaj Bhatia,J.
This writ petition has been filed by the petitioner, interalia, for the following relief:
"(a) Issue a writ, order or direction in the nature of Mandamus commanding and directing to respondent no. 2, 3 & 4 to take appropriate action and restrain to concerned police making interference in peaceful construction of petitioner home over his land having absolute right bearing plot no. 420-ka situated in village pathraur (Kontit), Police Station Lalganj, Tehsil Madihan, District Mirazapur."
Heard learned counsel for the petitioner and Kirtika Singh, learned Additional Chief Standing Counsel for the State-respondents.
By an order dated 26.3.2019, learned Standing Counsel was directed to seek instruction. Today the instruction was placed before this Court.
Learned counsel for the petitioner stated that the petitioner purchased 0.0225 hectare land of Plot No. 420-ka situated in Village Pathraur (Kontit), Police Station Lalganj, Tehsil Madihan, District Mirzapur from Kripa Shankar and others against whom suit for injunction bearing Original Suit No. 619 of 2013 was filed which is still pending. He further stated that there was no dispute with regard to plot in question which was purchased by the petitioner and it was not the subject matter of suit.
Kirtica Singh, learned Additional Chief Standing Counsel, placed the instruction and referred to the injunction order dated 16.8.2013 passed by Civil Judge (Junior Division), Mirzapur in Original Suit No. 619 of 2013. The court below has directed the parties to maintain status quo in respect of Plot No. 420-ka as such injunction order is operating. It is open to the petitioner to file an impleadment application before the court in the Original Suit No. 619 of 2013 to seek appropriate remedy.
With this observation, the writ petition stands disposed of.
Order Date :- 30.4.2019 Puspendra