Court No. - 36
Case :- WRIT - C No. - 12455 of 2021 Petitioner :- Rajendra and 33 Others Respondent :- State Of U.P And 5 Others Counsel for Petitioner :- Babita Upadhyay,Sanjeev Kumar Gaur Counsel for Respondent :- C.S.C.,Krishna Kant Singh
Hon'ble Mahesh Chandra Tripathi,J.
Heard Ms. Babita Upadhyay, learned counsel for the petitioners, Shri Devesh Vikram, learned Standing Counsel for the State respondents and Shri Krishna Kant Singh, Advocate for the Gaon Sabha through video conferencing.
Present writ petition is preferred by the petitioners seeking following reliefs:-
"i. issue a writ, order or direction in the nature of certiorari calling for the records of the case and quash the order dated 6.4.2021 (Annexure No.13 to the writ petition passed by Additional Commissioner (Judicial) Aligarh Division, Aligarh/respondent no.2 in Appeal No.C201918000001417 (Kusum Sharma vs. State of Uttar Pradesh and others) under Section 38 (4) of the Uttar Pradesh Revenue Code, 2006;
ii. issue a writ, order or direction in the nature of mandamus commanding the respondents not to dispossess the petitioners from the land in question subject matter of the appeal during pendency of the Recall Application before respondent no.2;
iii. issue any other suitable writ, order or direction, which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case; and
iv. award the cost of the petition in favour of the petitioner."
Ms. Babita Upadhyay, learned counsel for the petitioners has vehemently contended that there is every likelihood that the petitioners would be evicted from the land in question. During Covid-19 pandemic, in case no indulgence is accorded by this Court, the petitioners would suffer irreparable loss and injury.
Per contra, Shri Devesh Vikram, learned Standing Counsel has vehemently opposed the writ petition on the ground that the petitioners have already filed statutory appeal in which initially an interim order was accorded by the Appellate Authority in their favour and eventually, the same was recalled by the impugned order dated 6.4.2021 on the application moved by the Gaon Sabha. Moreover, due to Covid-19 pandemic the Division Bench of this Court has already taken Suo Moto cognizance on the issue pertaining to expiry of the interim orders and the dispossession during the period of lockdown in Public Interest Litigation (PIL) No.564 of 2020 (In Re vs. State of UP), wherein the Court has passed detailed interim order extending the interim orders passed by this Court or by the Court below upto 31.5.2021 and had also restrained the respondents to carry out any demolition or dispossession.
In the aforesaid facts and circumstances this Court is not inclined to interfere in the on-going proceeding. However, it is always open to the petitioners to press the relief in the pending appeal and contest the proceeding.
With the aforesaid observations, the present writ petition stands disposed of.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioners alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 19.5.2021 RKP Digitally signed by Justice Mahesh Chandra Tripathi Date: 2021.05.21 10:43:24 IST Reason: Document Owner Location: High Court of Judicature at Allahabad