Court No. - 9
Case :- WRIT - B No. - 4918 of 2018 Petitioner :- Gram Sabha Nanauta Dehat And 2 Others Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Rekha Pundir, Counsel for Respondent :- C.S.C.,Vinod Kumar Upadhyay
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the parties.
The dispute in this writ petition pertains to the same land, which was subject matter of another writ petition before this Court being Writ Petition No.17567 of 1987, which writ petition had been filed against the order of the Consolidation Officer. Therefore, the same has been dismissed by a separate order passed today directing the parties to prosecute their appeals, which are stated to be pending before the Settlement Officer Consolidation and are directed against the order impugned in the petition.
The petition of 1987, arose out of title proceedings before the consolidation authorities, which proceedings to be determined on the basis of an alleged allotment, in favour of the petitioner.
In the instant writ petition also, the dispute pertains to the same allotment.
Under the circumstances, this writ petition is not liable to be entertained as the parties are already litigating before the consolidation courts as regards, their respective titles.
Even otherwise, this instant writ petition arises out of proceedings under Section 122-C of the U.P. Zamindari Abolition and Land Reforms Act. The orders impugned herein would prima facie have to abide by the orders to be passed in the title proceedings.
The writ petition is accordingly, dismissed.
Order Date :- 27.11.2018 RKM