Hon'ble Manish Kumar,J.
Heard learned counsel for the petitioner and learned State Counsel.
By means of this writ petition, petitioners have prayed to direct the opposite parties to restrain them from raising the illegal construction over the petitioners' bhumidhari land.
Learned counsel for the petitioners has stated that the petitioners are bhumidhar of land comprised in gata No.351, ad-measuring 0.139 hectare situating at Village - Parsupur, Pargana & Tehsil - Patti, District - Pratapgarh.
His further submission is that certain private individuals, namely Respondent Nos.5 to 10 have illegally encroached upon the said land or even bent upon to raise construction, though they have no concern with the land for the reason that the petitioners are recorded as bhumidhar. He has further stated that even in proceedings under Section 41 of the U.P. Land Revenue Act for demarcation, the land in question was demarcated and boundary pillars were also erected, however, for the reason that Respondent No.6 -Sri Krishna is the husband of the Pradhan of the village, he is exercising his influence and he is harassing the petitioner.
The petitioners have already instituted a suit for eviction under Section 134 of the U.P. Land Revenue Code, 2006, wherein an application seeking interim injunction is also pending.
Once the suit for eviction is pending and the petitioners have already instituted an application in the pending suit seeking certain injunction, it would be appropriate to direct the Sub-Divisional Officer concerned before whom the suit under Section 134 of the U.P. Land Revenue Code, 2006 is pending that he may expedite the proceedings of the application seeking injunction in the pending suit. The proceedings of the suit itself can be expedited.
According, this writ petition is finally disposed of with direction to the Sub-Divisional Officer to take appropriate decision on the application preferred by the petitioners seeking interim injunction in the pending suit under Section 134 of U.P. Land Revenue Code, 2006. Once any such order is passed, the Sub-Divisional Officer and another revenue authorities of the District and also the police authorities shall ensure that such injunction order is complied with.
Order Date :- 11.2.2021 S. Kumar