Court No. - 4
Case :- MATTERS UNDER ARTICLE 227 No. - 3874 of 2021 Petitioner :- Deenanath Singh And 2 Others Respondent :- State Of U.P. Collector And 3 Others Counsel for Petitioner :- Bhagwan Dutt Pandey Counsel for Respondent :- C.S.C.,Sudhir Bharti
Hon'ble Prakash Padia,J.
Heard Mr. Bhagwan Dutt Pandey, learned counsel for petitioners and learned Standing counsel for the State respondents.
The present writ petition has been filed for direction to the defendant-respondents not to cause any interference in the plaintiffs-petitioners' possession of the disputed land being arazi no.79 situated at Village Bharkachha, Tappa-Rajdhani, Pargana- Haveli, Tehsil-Chauri Chaura, District Gorakhpur till disposal of application for grant of temporary injunction filed under Section 7 (c).
It is submitted by learned counsel for petitioners that they filed a suit registered as Original Suit No.20 of 2021 (Deena Nath Singh and others Vs. State of U.P. through Collector, Gorakhpur and another) alongwith an application for grant of interim injunction, in which notices were issued vide order dated 22.06.2021 fixing 02.07.2021 for appearance of defendants- respondents. It is also submitted that the matter is urgent and they have prima facie case in their favour as they purchased/got the property through patta Ishtmarari dated 04.01.1917 executed by Zamindar Mr. Mahabal Prasad. It is also submitted that respondents without any authority of law, are trying to interfere with the possession of the petitioners and also causing damage to the property. Since the application for grant of temporary injunction is pending till date.
Having regard to the facts and circumstances of the case and submission made, but without prejudice to the merits of the case, the instant writ petition is finally disposed of with a direction to the court below to make every endeavour to decide application (7-C) filed under Order 39 Rule 1 & 2 of Code of Civil Procedure in Original Suit No.20 of 2021 (Deena Nath Singh and others Vs. State of U.P. through Collector, Gorakhpur and another) as expeditiously as possible preferably within a period of three month from the date of the production of certified copy/ computerize copy of this order, without granting any unnecessary adjournments to either of the parties, if there is no other legal impediment.
Till the disposal of application (7-C) filed under Order 39 Rule 1 & 2 of Code of Civil Procedure in Original Suit No.20 of 2021 (Deena Nath Singh and others Vs. State of U.P. through Collector, Gorakhpur and another) the parties are directed to maintain status quo as on today.
Order Date :- 12.8.2021 Pramod Tripathi