Court No. - 37
Case :- WRIT - C No. - 7860 of 2021 Petitioner :- Allauddin And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kiran Kumar Arora Counsel for Respondent :- C.S.C.,Kuldeep Singh Chauhan
Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Subhash Chand,J.
Heard learned counsel for the parties and perused the writ petition.
By way of this writ petition, the petitioners have prayed that this Court may issue writ order or direction in the nature of mandamus directing the respondent No.1 to decide the petitioners' application dated 18.9.2020 and further directing the respondent authorities not to cause any interference in the petitioners' possession over the land in question i.a. a part of Khasra Plot No. 272 measuring 1325 sq. yards situated at village Budhera, Jahidpur, Pargana, Thehsil and District Meerut till the disposal of their representation dated 18.9.2020.
At the outset, learned counsel for the petitioners has taken us through annexure 14 of the writ petition namely order passed by this Court in Writ Petition No. 10976 of 2020. We are not concerned whether the earlier petition was dismissed for suppression of material facts or not as the original owner Kalua Khan has a lis pending which has to be decided by and between the parties namely parties namely Kalua Khan and others.
If the petitioners have right, title and interest and if they are in possession even after the land acquisition proceedings are over, the respondent shall decide the representation dated 18.9.2020 which is at annexure 16 to this writ petition.
This writ petition shall also be considered as fresh representation which would be decided by respondent No.1 within a period of four weeks from today and after hearing all the parties concerned, pass a reasoned order.
It goes without saying that no third party right shall be created during this period and that we have not gone into the merits of the petition at this stage.
With these observation and direction, this writ petition is disposed of.
We make it clear that we are not pointing anything on merits as far as who is in possession of the land in dispute. It is averment made by the petitioners that they are in possession but it is a question of fact which has to be decided by the respondent.
Order Date :- 27.7.2021 DKS