Court No. - 6
Case :- WRIT - C No. - 42327 of 2019 Petitioner :- Dukhi Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Parvesh Kumar Pandey,Sarvesh Kumar Pandey Counsel for Respondent :- C.S.C. Hon'ble Anjani Kumar Mishra,J. Heard learned counsel for the petitioner.
The writ petition has been filed seeking the following relief-
"I) Issue a writ, order or directions in the nature of commanding and directing the respondent not to interfere in the peaceful possession with regard to the petitioner arazi no.163 area 0.0230 hectare situated in village Bakhtiyara, Pargana and Tehsil Handia, District Prayagraj (Allahabad)."
From the submissions made, it transpires that the proceedings for cancellation of the allotment made in favour of the petitioner were drawn, wherein an order was passed cancelling the allotment.
It is submitted that against this order, a revision was preferred,which was allowed and the matter was remanded back for fresh consideration. Consequent to the order of remand, the matter is still pending consideration before the Collector/ CRO.
In my considered opinion, in case, petitioner seeks an injunction he should file a proper application for the same in the pending proceedings. The injunction that has been sought by the petitioner cannot be granted by the writ Court at the first instance.
Subject to the above observations, this writ petition fails and is dismissed.
Order Date :- 19.12.2019 RKM