Court No. - 18
Case :- WRIT - C No. - 15496 of 2018 Petitioner :- Nafees Khan Respondent :- State Of U.P. And 23 Others Counsel for Petitioner :- Prabhat Chandra Mishra Counsel for Respondent :- C.S.C.,Brij Kumar Yadav
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner and Shri Rajesh Kumar, learned Standing Counsel. Shri Brij Kumar Yadav has accepted notice on behalf of Gaon Sabha.
In view of the order proposed to be passed, notices need not go to private respondents.
The petitioner is before this Court assailing the validity of the order dated 29.04.2015 passed by second respondent i.e. Sub Divisional Officer/ Asstt. Collector, First Class, Bharthana, Distt. Etawah in Civil Suit No.183/12-13 (Nafees Khan v. Mst. Shaheeda Begum & Ors.) (New Civil Suit No.T- 2015032205927) regarding Gata No.246 area 2.1770 hect. situated at village Aheripur, Tehsil Bharthana, Distt. Etawah and for a direction to respondent nos.4 to 21 not to interfere in the peaceful possession of the petitioner and not to create any third party interest on the land in question.
At the very outset, Shri Rajesh Kumar, learned Standing Counsel raised an objection that the proceeding under Section 176 UPZA & LR Act was pending consideration before the competent court and vide notification dated 21.10.2014 the proceeding under Section 176 had been abated by the order impugned and as such there is hardly any scope to intervene in the matter.
Confronted with this, learned counsel for the petitioner submits that liberty may be accorded to the petitioner to file objection before the competent authority regarding his grievance.
Considering the facts and circumstances of the case, the Court does not find any infirmity or illegality in the order impugned and no good ground has been made out to interfere in the matter. However, the petitioner will be at liberty to agitate his grievance before the appropriate forum.
The writ petition is disposed of accordingly.
Order Date :- 30.4.2018 SP/