Court No. - 21
Case :- WRIT - C No. - 34 of 2021 Petitioner :- Smt. Ramkali Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Niraj Tiwari Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Sanjay Kumar Pachori,J.
Heard learned counsel for the petitioner; and learned Standing Counsel for State respondents.
The present petition has been preferred by the petitioner for the following relief:-
"(a) issue a writ order or direction in the nature of mandamus commanding the respondents specifically the respondent no.2 Sub Divisional Officer Tehrauli District Jhansi to pass appropriate order on the application of the petitioner dated 21.07.2020 taking into consideration the report of revenue authority dated 24.7.2020 (whereby the possession of the petitioner over the Araji No. 365 area 2.8610 Hec situated in village Tehrauli District Jhansi has been admitted) which relates to stay the dispossession of the petitioner from the land in dispute by passing speaking reasoned order within stipulated period as fixed by this Hon'ble Court.
"(b) issue a writ order or direction in the nature of mandamus commanding the respondents specifically the respondent no.2 to directed the respondent no.5 to 8 not to disturb the Standing Crops (Til+Piperment) of the petitioner in Araji No. 365 area 2.8610 Hec and may also not to dispossess the petitioner from the land in dispute till finally decided the proceedings by the trial Court/ Tehsildar respondent no.3 in pursuant to order of Revisional Court".
Learned Standing Counsel has raised a preliminary objection regarding maintainability of the present writ petition on the ground that the petitioner has already instituted a suit being Original Suit No.124 of 2020 against the private respondents, who are arrayed as respondent nos. 5 to 8 and the same is pending consideration.
This Court, after having heard the learned counsel for the parties and upon perusal of record, is of the considered opinion that once the aforesaid suit is pending consideration then there is no reason or occasion to pass any further orders in the present writ petition. However, it will be open for the petitioner to seek his relief before the Civil Court as per law.
In view of the above the writ petition is disposed of.
Order Date :- 8.1.2021 Neeraj