The dispute in this writ petition pertains to plot No. 324 area 1.291 acre situate in village Pratapur Tarhar, Pargana and Tahsil Bahraich.
It is the case of the petitioner that he had initially filed a suit under Section 229-B wherein an order was granted in favour of the respondent, defendant in the suit, from alienating the property in dispute. The said suit is said to have abated under Section 5 of the U.P.Consolidation of Holdings Act when unit came under consolidation operations. Immediately thereafter the petitioner preferred an objection under section 9-A(2) which is pending disposal wherein also an order was passed restraining the respondent no.3 from alienating the land in dispute. This interim order was however, subsequently vacated. Revision filed against the order vacating the interim order has been dismissed. Aggrieved this writ petition has been filed.
Having heard learned counsel for the petitioner and after perusing the record it emerges that the prayer in the writ petition is essentially for grant of an injunction against a private respondent which prayer in the opinion of this Court, cannot be granted in exercise of power under Article 226 of the Constitution of India.
Under the circumstances the writ petition lacks merit and it is dismissed. However, it is observed that in case any alienation is made during the pendency of the objection before the Consolidation officer, the same shall be subject to the final decision that may be passed therein.
Order Date :- 13.2.2014 mna