Court No. - 37
Case :- WRIT - C No. - 16570 of 2021 Petitioner :- Musafir Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Dinesh Prasad Counsel for Respondent :- C.S.C.
Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Subhash Chand,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State.
By this petition, the petitioner has prayed for the following reliefs:-
"i. Issue a writ, order or direction in the nature of mandamus commanding the Respondents Forest Authorities not to dispossess the petitioner over the Gata No. 439m Area 4 Bigha and 4399 M area 5 Bigha situated in Village Pardrachh, pargana Agori, Tehsil Robertsganj, District Sonebhadra till disposal of Suit No.Nil of 2020 filed on dated 25-08-2020 over which the petitioner is in possession since before 1385 Fasli seeking remedy under section 9/11 of Indian Forest Act pending before Forest Settlement Officer, Sonbhadra (Respondent No.2) to the writ petition.
ii. Issue a writ order or direction in the nature of mandamus commanding the respondents not to dispossess the petitioner from the disputed land plot till the disposal of suit of the petitioner pending before Respondent No.2."
Facts averred in the petition are all disputed questions of facts, which cannot be gone into in exercise of writ jurisdiction. However, it is observed that a conscious decision shall be taken by the authority concerned for all such forest dwellers within a period of four weeks from today.
We do not grant order of status quo at present as we are not aware as to what is the status of the property as of date. It will be the authority concerned to decide the matter on its own on the facts of the petitioner's claim. Status quo order shall be passed by the authority concerned looking to the status of the property.
With these observations, present petition is disposed of.
Order Date :- 30.7.2021 AK Pandey