Court No. - 36
Case :- WRIT - C No. - 42115 of 2019 Petitioner :- Om Raj Respondent :- Mahipal And 2 Others Counsel for Petitioner :- Brijesh Kumar,Prem Prakash Yadav Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard Shri Prem Prakash Yadav, learned counsel for the petitioner and Shri F.A. Ansari, learned State Law Officer for the State respondent no.3.
By means of present writ petition, the petitioner has prayed for direction to the respondent no.3, Sub Divisional Officer, Tehsil Sadar, District Gautam Budh Nagar to decide the Suit No.01005 of 2019, Computer Suit No.T-201911270101005 (Om Raj vs. Mahipal and another) under Section 116 of U.P. Revenue Code, 2006 and to restrain the private respondent nos.1 and 2 from creating any third party interest over the land in dispute till disposal of the suit.
Shri F.A. Ansari, learned State Law Officer has raised a preliminary objection regarding maintainability of the present writ petition, on two folds, firstly, on the ground that immediately after filing the aforesaid partition suit, the petitioner has rushed to this Court for expediting the suit and secondly, in the garb of the partition suit, the injunction cannot be obtained under the facts and circumstances and without invoking the remedy available in law and on both the counts, the writ petition is liable to be dismissed.
Once the objection is raised then the Court has proceeded to examine the record in question and finds that so far as the proceeding under Section 116 of U.P. Revenue Code, 2006 is concerned, the petitioner has filed the aforesaid suit very recently and in such situation the Court is not inclined to expedite the said suit. So far as the injunction is concerned, definitely he has right to invoke the remedy as available in law and if such remedy is invoked, then the authority would definitely come for the rescue of the petitioner. In such situation, the Court is not inclined to pass any order in favour of the petitioner.
The writ petition is dismissed.
Order Date :- 18.12.2019 RKP