Court No. - 9
Case :- WRIT - C No. - 24216 of 2019 Petitioner :- Panna Lal Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Dur Vijay Singh Counsel for Respondent :- C.S.C.,Diwakar Singh
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the petitioner and learned counsel appearing for the respondent No. 4.
It appears that an order was passed by the Tehsildar against the petitioner for his eviction from land recorded in the name of Gaon Sabha.
Against this order of eviction, petitioner has the remedy of an appeal which is stated to be pending before the Collector.
In this pending appeal no interim order was granted in favour of the petitioner. Therefore, a notice has been sent to the petitioner for his eviction consequent to the order of the Tehsildar. Hence this writ petition challenging the notice.
In my considered opinion, challenge to the notice is not tenable, not is liable to be entertained.
The petitioner may reply to the notice and contest the same.
No case for interference with the notice is made out, especially because the petitioner has already preferred an appeal and is availing the statutory remedy available to him.
It is made clear that if required, nothing prevents the petitioner from filing an appropriate application for interim protection, in the pending appeal against the eviction order.
Subject to the above, this writ petition is dismissed Order Date :- 25.7.2019 Priyanka