Court No. - 29
Case :- WRIT - C No. - 37744 of 2019 Petitioner :- Kumbh Karan @ Ganga Sagar Respondent :- State Of U.P. And 06 Others Counsel for Petitioner :- Manoj Yadav Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Mithal,J.
Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard Sri Manoj Yadav, learned counsel for the petitioner and learned Standing Counsel appearing for the State respondents.
The petitioner has preferred this writ petition for a direction upon the respondent authority to ensure the compliance of the demarcation order dated 25.07.2019 passed by the respondent no. 4/Sub-Divisional Officer with a further direction to restrain the private respondents from illegally interfering in the demarcated land of the petitioner with the help of the respondent no. 5.
This Court on 21.11.2019 had directed the learned Standing Counsel to seek instructions as to the role of the respondent no. 5/Station House Officer, Kotwali, Bansdih, District Ballia in the matter.
Learned Standing Counsel, on instructions, informs that the respondent no. 5 has no role to play and he is not interfering in the possession of the petitioner. There is a serious dispute regarding the said land between the petitioner and the respondent no. 7 in respect thereof even a civil suit is pending.
It may be true that the land of the petitioner has been demarcated but despite the same there is dispute regarding encroachment of it between the petitioner and the respondent no. 7. The said dispute is a subject matter of a civil suit and it cannot be resolved or adjudicated upon in the exercise of writ jurisdiction.
We are not inclined to interfere in the matter. The writ petition is dismissed.
Order Date :- 28.11.2019 Pratima