Court No. - 18
Case :- WRIT - C No. - 19750 of 2018 Petitioner :- Rampal Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Rajesh Kumar Mishra Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner and Shri Pankaj Rai, learned Additional Chief Standing Counsel for the State respondents.
Notice need not be issued to the private respondent in view of the order proposed to be passed.
The petitioner is before this Court with the request to ask the private respondent not to interfere in his peaceful possession over the property in dispute.
Learned Additional Chief Standing Counsel raised a preliminary objection on the maintainability of the writ petition on the ground that the entire relief, as has been asked for, is against the private respondent and as such, the writ petition under Article 226 of Constitution of India is not maintainable and the same is liable to be dismissed on this ground alone.
Confronted with this situation, learned counsel for the petitioner states that he has already moved an application under Section 41 of L.R. Act before the District Magistrate, Rampur and the same is pending consideration and as such, he has requested that directive may be issued to the Authority concerned to finalize the proceeding at the earliest.
In view of the above, without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, on consent, the writ petition is disposed of finally with the observation that in case petitioner moves an appropriate application under Section 41 of L.R. Act, the Authority concerned would proceed to decide the same expeditiously strictly in accordance with law but certainly after giving an opportunity of hearing to all the stake holders in the matter. So far as the relief for injunction against private respondent is concerned, it is always open to the petitioner to invoke the common law remedy as is available under law.
Order Date :- 29.5.2018 A. Pandey