Court No. - 29
Case :- WRIT - C No. - 15264 of 2018 Petitioner :- Muslim Islamiya Committee Through Its Secretary Respondent :- State Of U.P. Through Its Principal Secretary And 6 Others Counsel for Petitioner :- Suresh Srivastava,Prabhu Narain Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Govind Mathur,J. Hon'ble Jayant Banerji,J.
This petition for writ is preferred with prayer as follows:-
"(A) issue an order or direction, directing respondent nos. 1 to 5 to comply the demarcation (paimaesh) proceeding and eviction/dispossession of respondent nos. 5 to 7 from illegal/unauthorized possession over the mosque land i.e. Plot No. 541 ka, situated in Ahraura Khas Dih Ahraura, Pargana Ahraura, Tehsil Chunar, District Mirzapur (Annexure Nos. 1 and 2)."
The submission of learned counsel for the petitioner is that respondent nos. 5 to 7 preferred a petition for writ, i.e., Writ-C No. 9905 of 2018 that came to be disposed of under an order dated 19.03.2018 with direction that respondents therein shall not interfere in peaceful possession of the petitioner over plot in dispute no. 240/1 (old) or 240/2 (new) except in accordance with law.
In the writ petition aforesaid, the present petitioner was not a party to the writ proceedings. However, a mosque is situated on the land aforesaid and the respondents looking to the directions given in the writ petition referred above are not removing encroachment from the land made by respondent nos. 5 to 7. It is submitted that at least respondents are required to act upon the application submitted by the petitioner for demarcation of the land in question.
Having considered the facts stated in the petition for writ, we deem it appropriate to dispose of this petition for writ by directing the respondents to act upon the directions given by this Court in Writ-C No. 9905 of 2018 by adhering the law prescribed. Meaning thereby, the respondents are required to demarcate the land and to proceed ahead in accordance with law. The demarcation is required to be made within two months from the date the petitioner presents a certified copy of this order before the Authority competent.
With the directions as above, this petition for writ stands disposed of.
Order Date :- 26.4.2018 Shubham .
(Jayant Banerji,J.) (Govind Mathur,J.)