Civil Misc. Substitution Application No.226721 of 2014
1. The sole petitioner has died and hence in order to bring on record his legal representative(s), this application has been filed.
2. No objection has been filed by respondents though a copy of it was served on 15.7.2014.
3. Heard.
4. Application is allowed.
5. Let substitution be carried out during course of the day.
Order Date :- 30.10.2018 KA
1. Heard Sri Madhav Mani, Tripathi, learned counsel for petitoner, Sri Madhur Prakash, learned counsel for respondent no.5, learned Standing Counsel for State and perused the record.
2. Petitioner claims that he is in possession of land in dispute and respondents are trying to demolish construction raised thereon and dispossess him from disputed land.
3. An interim order was passed by this Court on 20.6.2005 directing respondents not to dispossess petitioner without following the procedure established in law.
4. On behalf of respondent 5 i.e. Municipal Board, Rampur, a counter affidavit has been filed and learned counsel appearing on its behalf states that land in dispute was leased out to petitioner with a condition that he shall not raise permanent construction thereon. As petitioner has breached condition of lease, hence, he has no right to continue in possession of the let out land. However, he could not dispute that respondent 5 is entitled to re-enter possession of land of petitioner only in accordance with law. In para 32 of counter affidavit it is also stated that dispute involves civil right of parties and, therefore, needs be adjudicated in Civil Court.
5. In view thereof, with the consent of learned counsel for Order Date :- 30.10.2018 KA