Court No. - 18
Case :- MATTERS UNDER ARTICLE 227 No. - 5178 of 2018 Petitioner :- Balvir Singh Respondent :- Additional District Judge Court No. 7 And 3 Others Counsel for Petitioner :- Ashok Kumar Singh Bais Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard Shri A.K. Singh Bais, learned counsel for the plaintiff- petitioner.
The petitioner is before this Court assailing the order dated 23.1.2018 passed by learned Civil Judge (Senior Division), Saharanpur in Civil Suit No.619 of 2017 (Balvir vs. State of UP and another) and the order dated 2.4.2018 passed by learned Additional District Judge, Court No.7, Saharanpur in Misc. Civil Appeal No.4/2018 (Balvir Singh vs. State of UP and another) and for direction to the respondents nos. 3 and 4 not to demolish the construction raised by the petitioner over the suit property.
Initially, the matter was taken up by this Court on 30.7.2018 and on the said date, the Court had asked learned Standing Counsel to seek instructions in the matter.
On the matter being taken up today, Shri Sanjay Kumar Singh, learned Standing Counsel states that he has received the requisite instruction dated 18.8.2018 from the District Magistrate, Saharanpur, wherein it has been stated that the entire claim has been set up by the petitioner on the basis of registered sale deed dated 23.6.2006. At the relevant point of time the land in dispute was recorded as agricultural land. The original owner of the land belonged to the Scheduled Caste and he had not taken any prior permission under Section 157 of UP ZA & LR Act from the Competent Authority for sale of the land in question. Consequently, the sale deed in question was declared as null and void. Thereafter as per provisions contained under Section 167 of U.P. ZA & LR Act the said land vested in the State Government. The instructions is taken on record.
Once such is the factual situation, which is emerging from the record in question then no relief can be accorded in favour of the petitioner.
The writ petition is dismissed. However, dismissal of the case would not come in the way of the petitioner to agitate in the suit proceeding.
Order Date :- 23.8.2018 RKP