Court No. - 19
Case :- MATTERS UNDER ARTICLE 227 No. - 613 of 2018 Petitioner :- Harish Chandra Respondent :- U.P. Jal Nigam Thru G.M. Counsel for Petitioner :- Awadh Bihari Pandey Counsel for Respondent :- Vimlesh Kumar Rai
Hon'ble Manoj Kumar Gupta,J.
By the impugned order dated 1.12.2017, the appeal filed by the respondent-U.P. Jal Nigam, challenging the order of the trial court granting temporary injunction in favour of the petitioner, has been allowed holding that the suit property, Arazi no. 693 (old no. 1064) is recorded as navin parti. The Gram Panchayat, Singhpur Kachhar Vikas Khand Kalyanpur, Kanpur Nagar had passed a resolution for construction of a water tank over the said land. In pursuance of the said decision, the U.P. Jal Nigam, defendant is constructing a water tank. The water tank is at the verge of completion. The construction of the water tank is with public money and in case any obstruction is created in completion of the project, it would not be in public interest and would result in wastage of national resources.
Counsel for the petitioner submitted that the suit property was purchased by his ancestors in the year 1967 but by inadvertence their name could not be mutated. However, he does not dispute that even during the consolidation operations, which took place in the village, the petitioner nor his ancestors have ever raised objection claiming title over the suit property. The notification under Section 52 of the U.P. C.H. Act, 1953 had been issued long back in the year 1998. The suit for declaration filed by the petitioner under Section 229B of U.P.Z.A. & L.R. Act, 1950 is reported to be pending in regard to the same property.
Having regard to these facts, this Court finds no illegality in the view taken by the appellate court to warrant interference in exercise of power under Article 227 of the Constitution.
At this stage, counsel for the petitioner prayed for expeditiously disposal of the suit. Having regard to the nature of the controversy, the trial court is directed to decide the suit expeditiously, without granting unnecessary adjournments.
(Manoj Kumar Gupta, J.) Order Date :- 27.2.2018 skv