Court No. - 17
Case :- WRIT - B No. - 4615 of 2018 Petitioner :- Pramod And 3 Others Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Abhishe Pandey Counsel for Respondent :- C.S.C.
Hon'ble Rajiv Joshi,J.
Heard learned counsel for the petitioners and learned Standing Counsel.
This writ petition has been filed for issuance of mandamus commanding respondent nos. 2 to 9 not to create any hindrance/interference in the peaceful cultivation/harvesting on the original holding of the petitioner at Gata No. 567, 573, 574, 575, 582, 583 situated in Village Ghaloli, Mauza Jalkhedi, Police Station & Tehsil Deoband, District Saharanpur.
It is contended by learned counsel for the petitioners that the dispute with regard to the land has already been decided in favour of the petitioners vide order dated 3.11.2017 passed by Deputy Director of Consolidation in a revision. Against that order two writ petitions were filed by one Raghnunath and Sonath being Writ Petition Nos. 60495 of 2017 and 1765 of 2018. Both the writ petitions were connected and interim order was passed, whereby the operation of the order dated 3.11.2017 passed by the Deputy Director of Consolidation was stayed and further the respondents were restrained from changing the nature of the land and from creating any third party interest.
It is further contended by learned counsel for the petitioner that despite the interim order passed by this Court, respondents are interfering with the cultivation of the petitioners over the land in dispute.
Proper remedy is available to the petitioners to file the application in the aforesaid writ petition either for vacation of interim order or for modification of the order.
Learned counsel for the petitioner has fairly concealed that he has already filed modification of the interim order, which is pending.
Considering the facts and circumstances of the case as stated above, no interference is called for under Article 226 of the Constitution.
Writ petition is totally misconceived and is, accordingly, dismissed.
Order Date :- 30.7.2018 Noman