Court No. - 39
Case :- WRIT - C No. - 18618 of 2019 Petitioner :- Bhoora Singh Respondent :- State Of U.P. And Another Counsel for Petitioner :- Beerendra Singh Pal,Manoj Kumar Keshari Counsel for Respondent :- C.S.C., Hon'ble B. Amit Sthalekar,J. Hon'ble Piyush Agrawal,J.
Heard Shri Beerendra Singh Pal, learned counsel for the petitioner and learned standing counsel for the State - respondents.
The petitioner, in this writ petition, is seeking a direction to the respondents not to initiate any sale or purchase proceedings in respect of Gata Nos. 65 area 0.4320 hectare, 137 area 2.1190 hectares and 145 area 0.4040 hectare situated in Village - Gadiya Prithviraj, Mauza - Kishaura, Pargana & Tehsil - Derapur, District - Kanpur Dehat in favour of any other person.
In paragraph no. 3 of the writ petition, it is stated that the land in question is recorded in the name of petitioner's uncle, one Shri Raghuraj Singh, who is physically handicapped and of unsound mind. It is stated that the petitioner has a share in his uncle's property. It is further stated that some villagers are trying to grab the property of the petitioner and are going to execute sale deed. Hence, this writ petition.
In our opinion, on such vague pleadings, and particularly, when no sale deed has been executed, no blanket or restraint order can be passed on a mere apprehension of the petitioner that someone is trying to execute the sale deed or grab the property.
The writ petition lacks merit and it is, accordingly, dismissed.
Order Date :- 29.5.2019 Amit Mishra