Court No. - 1
Case :- WRIT - C No. - 42412 of 2019 Petitioner :- Punnu Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mohammad Waseem Counsel for Respondent :- C.S.C.,Vineet Sankalp
Hon'ble Ramesh Sinha,J. Hon'ble Ajit Kumar,J.
Heard Sri Mohammad Waseem, learned counsel for the petitioner, Sri Vineet Sankalp, learned counsel appearing on behalf of respondent- corporation, learned Standing Counsel for respondent nos. 1 and 2 and perused the record.
By means of this writ petition, the petitioner has prayed for issuance of a writ in the nature of mandamus commanding the respondents not to interfere in peaceful possession of the petitioner over the property in question.
Learned counsel for the respondent Sri Vinit Sankalp states that the petitioner has already got a case instituted under section 144 of the U.P. Revenue Code, 2008 which has been registered as case no. 358/18 of 2018 and, therefore, he should pursue the said suit.
Learned counsel for the petitioner states that the respondent nos. 3 and 4, who are arrayed as defendant no. 2 in the said suit are not appearing in the said case.
We are of the considered opinion that once the counsel for respondent nos. 3 and 4 states that the suit is pending and he is party it will be taken that respondent no. 2 had notice in that case and respondent nos. 3 and 4 shall put in appearance before the civil court concerned, who shall examine the matter and decide the said suit in accordance with law.
With the aforesaid observations, the writ petition stands disposed of.
(Ajit Kumar, J.) (Ramesh Sinha, J.) Order Date :- 19.12.2019 Shiraz