Hon'ble Dinesh Kumar Singh,J.
Notices on behalf of opposite parties no.1 to 4 have been accepted by learned Chief Standing Counsel.
For the order proposed to be passed, there is no need to issue notice to opposite party no.5, as such, notice to him is dispensed herewith.
Heard learned counsel for the petitioner as well as learned Standing Counsel on behalf of State Authorities.
The instant writ petition has been filed seeking following reliefs:
""i) Issue a writ order or direction in the nature of mandamus commanding the opposite parties no-1 4 to to ensure the occupation and protection over the possession of petitioner's property i.e. allotted to the petitioner through the PATTA no-43 area 0.013 Hec over Gata no-1192 Min and further restrain to O.P. no-5 from any illegal encroachment over said land, and comply the mandate of article 300-A of the Constitution of India.
ii) Issue a writ or order or direction in the nature of mandamus commanding to opposite parties 1 to 4 to take legal action against the illegal act and conduct of opposite party no. 5 and protect the life and property of the petitioner in the interest of justice."
This is the second writ petition for the same cause of action. Earlier the petitioner had approached this court by filing Writ Petition No.9831 (MB) of 2020 which was disposed of vide order dated 6.10.2020. In the order dated 6.10.2020 it was recorded that the learned Standing Counsel on the basis of instructions informs that allotted land of patta has been demarcated and the petitioner has be put in possession over the land in question.
Now the petitioner has approached this court again saying that the opposite party no.5 is encroaching upon the land of the petitioner, as such, the opposite parties be directed to restrain the opposite party no.5 from any illegal encroachment and ensure possession of the petitioner over the property in question.
It is to be noted that the opposite party no.5 has preferred a suit which is pending in Civil Court, Barabanki. The petitioner can not approach the court again and again seeking possession over patta land. Earlier the patta land was demarcated and the possession was handed over to the petitioner. In case the petitioner is not able to protect his possession then the authorities cannot be directed again and again to ensure the possession of the petitioner over the land in question. For that purpose the petitioner may take other legal remedies including criminal proceedings, if any, permissible under the law.
Writ petition is accordingly dismissed.
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(Dinesh Kumar Singh, J.) (Ritu Raj Awasthi, J.) Order Date :- 19.8.2021 Ram.