Court No. - 38
Case :- WRIT - C No. - 24880 of 2018 Petitioner :- Mohd. Waseem Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Dharmendra Singh Counsel for Respondent :- C.S.C.
Hon'ble Abhinava Upadhya,J. Hon'ble Shashi Kant,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State authorities.
By means of this writ petition the petitioner has come to this Court challenging the order dated 15.06.2018 of Sub-Divisional Magistrate, Handia, Allahabad. The petitioner claims that he is in possession of Arazi No.549-Kha area 1.416 hectare for part of which i.e. 0.171 hectare a decree has been passed in his favour and respondents no.7 and 8 have taken forcible possession over the land in question and are raising construction.
It is to be noted that in the suit as well as in the appeal, the respondent-defendant is one Ram Singh son of Jag Narain whereas allegation is against Salik Ram and Dashrath Son of Ram Autar. Therefore, it appears that the respondents were not party in the suit. It is clear from the application of the petitioner that the petitioner has claimed that respondents no.7 and 8 are in possession of the land and are raising construction and, therefore, direction is to be issued to respondents no.7 and 8 to vacate the area and put the petitioner in possession. It is further to be noted that once in appeal, if right of the petitioner has been confirmed, but respondents not being a party to that appeal and appear to be in possession, no direction can be issued in writ jurisdiction. The petitioner may approach appropriate forum for determination of his right and eviction of the respondents from his alleged property.
The writ petition has no merit. Dismissed.
Order Date :- 30.7.2018 KA
(Shashi Kant,J.) (Abhinava Upadhya,J.)