Court No. - 18
Case :- WRIT - C No. - 19516 of 2018 Petitioner :- Hansraj Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Navin Kumar,Navin Kumar Counsel for Respondent :- C.S.C.,Mahesh Narain Singh
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner and Shri Rajesh Kumar, learned Standing Counsel. Shri Mahesh Narain Singh appears for Gaon Sabha.
The petitioner is before this Court assailing the order dated 06.11.2017 and 8.8.2017 passed by respondent no.4 in Case No.97 of 2014 (Gaon Sabha v. Hansraj) under Section 67 (5) of U.P. Revenue Code, 2006 and Section 122-B of UPZA & LR Act as well as the order dated 14.5.2018 passed by respondent no.3 in Case No.4928 of 2017 (Gaon Sabha v. Hansraj) under Section 67 (5) of U.P. Revenue Code, 2006 and for a further direction to the respondents not to interfere in the peaceful possession of the petitioner over the land in question.
At the very outset, learned Standing Counsel raised a preliminary objection that in case there is abadi of petitioner over the land in question, he has remedy to file appropriate suit in this regard.
Confronted with this, learned counsel for the petitioner states that liberty may be accorded to the petitioner to approach to the civil court for declaration/ injunction.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue, the writ petition stands disposed of with observation that in case the petitioner files declaratory/ injunction suit along with injunction application before the competent court within three weeks, this Court hope and trust that the said injunction application would be decided by the court below in accordance with law expeditiously.
Order Date :- 28.5.2018 SP/