Court No. - 6
Case :- WRIT - C No. - 42097 of 2019 Petitioner :- Rajesh Kumar Singh And Another Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Upendra Kumar Dubey,Surendra Nath Dubey Counsel for Respondent :- C.S.C.
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents.
The writ petition has been filed seeking the following relief:-
"A. Issue a writ, order or direction in the nature of mandamus directing to respondent concerned to no make any coercive action in case no. T201814180102639 of 2018 under section 67(2) U.P. Revenue Code against the petitioners till the decision of Civil Suit no. 481 of 2018 (Rajesh Kumar and others Vs. State of U.P. and others) is pending before the Civil Judge (J.D.), Chandauli."
It appears that proceedings under Section 67 of the U.P. Revenue Code, 2006 have been instituted against the petitioner for his eviction from plot no. 135 recorded in the revenue records as Navin Parti.
The contention of counsel for the petitioner is that a civil suit is pending and, therefore, the proceedings under Section 67 of the U.P. Revenue Code, 2006 should not continue. The other contention raised is that the plot in question had been allotted by the Gaon Sabha in favour of his grand father.
In so far as the pendency of the civil suit is concerned, the same is of no consequence because the Civil Court is not competent to deal with issues of encroachment or otherwise over land belonging to the Gaon Sabha.
In so far as the contention that there exists a valid allotment in favour of predecessor-in-interest, the same may be pleaded by the petitioner in the pending proceedings under Section 67 of the U.P. Revenue Code, 2006.
For the reasons given above, the prayer made in the writ petition is not liable to be granted.
Subject to the above observations, this writ petition is dismissed.
Order Date :- 18.12.2019 Mayank