Court No. - 21
Case :- WRIT - C No. - 6549 of 2019 Petitioner :- Amit And Another Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Nisheeth Yadav,Sri C B Yadav (Senior Advocate) Counsel for Respondent :- C.S.C.,Tariq Maqbool Khan
Hon'ble Pradeep Kumar Singh Baghel,J. Hon'ble Pankaj Bhatia,J.
The petitioners have preferred this writ petition for issuance of a direction upon the respondents not to dispossess them from the 6 plots. The reliefs sought by the petitioners read as under:-
"I. Issue a writ, order or direction in the nature of mandamus, commanding the respondents not to dispossess the petitioners from Plot No. 8, having Part 8Ka, 8Kha, 8Ga and 8Gha, consisting area as 8Ka 2.85 Hectare, 8Kha 0.25 Hectare, 8Ga 0.45 Hectare and 8Gha 1.00 Hectare. Plot No. 10 consists area 0.42 Decimal, Plot Nos. 12Ka and 12Kha consist area 0.62 Hectare and 0.68 Hectare, respectively, Plot No. 13 consisting area 0.75 Hectare, Plot No. 225 (Old No. 175M) consisting area as 0.17 Hectare, Plot Nos. 226Ka and 226Kha (Old No. 231M) consisting area 1.13 Hectare, recorded in the names of the petitioners' father Late Jagata Narayan.
II. Issue a writ, order or direction, in the nature of mandamus, commanding the respondents not to interfere into the peaceful possession of the petitioners from the aforesaid plots without following the procedure established by law."
It is stated that in respect of the aforementioned six plots, a suit for permanent injunction was filed by the father of the petitioners under Section 229-B of U.P. Zamindari Abolition and Land Reforms Act, 1950, which was decreed on 28.09.1982. The said suit was instituted for Plot No. 8M and Plot No. 10. In respect of four other plots, another suit was filed under Section 229-B of U.P. Zamindari Abolition and Land Reforms Act, 1950, which was registered as Revenue Case No. 417 of 2002, in respect of Plot Nos. 12K/-62, 13/-75, 225th/5- 18, 226th/1-06, which was decreed on 28.09.1982. By the said judgements, the father of the petitioners was declared as 'Sirdar' of the said land. It appears that in respect of the same land, at present, a revision is pending before the Board of Revenue.
Our attention has been drawn to the order of the Board of Revenue dated 10.11.2017, by which while entertaining the revision, an interim order was granted that till the next date no allotment shall be made of the disputed land.
The grievance of the petitioners is that the said interim order is still in operation, but the Gaon Sabha has allotted the said land in favour of Kendriya Vidyalaya. This fact is demonstrated by a copy of the Fasli No. 1422-1427.
It is urged by Senior Advocate, Sri C.B. Yadav, that the allotment in favour of the Kendriya Vidyalaya is in teeth of the interim order passed by the Board of Revenue. Thus, the said action is void ab initio.
We have heard the learned counsel for the petitioners, Sri T.M. Khan, learned counsel for respondent no. 7 and learned Standing Counsel for the State.
We are not issuing any notice to respondent no. 6, as we are not passing any order against said respondent.
Taking into consideration the facts and circumstances of the case, we are of the view that it would not be appropriate to enter into the merits of the case, as for the same cause of action, the petitioners' revision before the Board of Revenue is still pending, wherein an interim protection was granted in favour of the petitioners. If any action has been taken by the respondents in violation of the interim order passed by the Board of Revenue, in our view, the appropriate course open to the petitioners to move an application before the Board of Revenue to expedite the matter and pass the appropriate order on the application of the petitioners.
Accordingly, we dispose of this writ petition with liberty to the petitioners to move a fresh application for interim protection, in view of the subsequent development, before the Board of Revenue within ten days. In the event, any such application is moved before the Board of Revenue, we request it to pass the appropriate order expeditiously, after hearing the parties concerned.
Order Date :- 25.2.2019 SR