Court No. - 36
Case :- WRIT - C No. - 41202 of 2019 Petitioner :- Kashif Zishan Ansari Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anil Kumar Mishra,Yogesh Kumar Tiwari Counsel for Respondent :- C.S.C.,Akhilesh Kumar
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the parties.
The petitioner is before this Court assailing the order dated 3.5.2019 passed by second respondent affirming the measurement report along with the Field book filed by the Revenue Inspector and for a direction to the respondents not to interfere in peaceful possession of the petitioner over Gata No.703 situated at Village Kolhan, Pargana Tehsil and Distt. Bhadohi.
On the matter being taken up, an objection has been raised by learned counsel for the contesting respondent that the petitioner has already invoked the remedy by instituting suit for injunction before the Civil Judge (JD), Bhadohi, Gyanpur vide order dated 30.05.2019, the proceeding of which is pending consideration.
The Court has proceeded to examine the record in question and find that once civil suit is pending consideration and moreover the order impugned is offshoot of the proceeding under Section 24 of the U.P. Revenue Code, 2006, which is also revisable and as such the Court is not inclined to interfere in the matter.
The writ petition stands disposed of accordingly.
Order Date :- 18.12.2019 SP/