Court No. - 10
Case :- WRIT - C No. - 27837 of 2018 Petitioner :- Bhureshah Baba Dargah Sharif Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Dinesh Mishra,Raveesh Kumar Mall Counsel for Respondent :- C.S.C.
Hon'ble Vikram Nath,J.
Hon'ble Daya Shankar Tripathi,J.
Heard learned counsel for the petitioner and Sri G.S. Chauhan, learned Standing Counsel for the State respondents.
By means of this petition under Article 226 of the Constitution, the petitioner has prayed for a writ of mandamus to be issued to the respondents not to dispossess the petitioner from the Plots Nos. 424 and 425, situate in Village Chaura, Sadatpur, Dadri, Noida, District Gautam Budh Nagar and also to restrain the respondents from demolishing or removing the Mosque, tin shade and Mazar situated over the said plots as the same are continuing since very long time for religious purpose. Learned counsel for the petitioner was put a specific query whether Plot Nos. 424 and 425 belong to the petitioner or they are private plot which was given to the petitioner for establishing the Mosque, tin shade and Mazar and other constructions. No revenue records have been annexed with the petition to show any kind of right, title or interest of the petitioner over the said plots. Thus, we do not find any reason for the petitioner to resist the possession.
Further second prayer i.e. request for appropriate direction to the Collector, Gautam Budh Nagar to decide pending representation also would not be warranted in absence of any right, title or interest of the petitioner over the land in question.
In view of the reasons recorded above we do not find any merit in this petition.
It is accordingly dismissed.
Order Date :- 23.8.2018 RPS [Daya Shankar Tripathi, J.] [Vikram Nath, J.]