Court No. - 39
Case :- WRIT - C No. - 18246 of 2019 Petitioner :- Ravindra Dev And 5 Others Respondent :- State Of U.P. And 9 Others Counsel for Petitioner :- Devendra Pratap Singh Counsel for Respondent :- C.S.C.
Hon'ble B. Amit Sthalekar,J. Hon'ble Piyush Agrawal,J.
Heard Shri Devendra Pratap Singh, learned counsel for the petitioners and learned standing counsel for the State - respondent nos. 1 to 3.
The petitioners, in this writ petition, are stated to be Bhumidhars of plot no. 4 area 1.685 hectares, plot no. 8-Aa area 0.115 hectare and plot no. 8-Ba area 0.575 hectare, total area 2.375 hectares, along with respondent nos. 6 & 7, and are seeking a direction to the respondents not to interfere in the peaceful possession of the petitioners over the land in question.
The petitioners are stated to be in peaceful possession of the said plots, but the respondent nos. 5 to 6 are interfering in the peaceful possession of the petitioners over the land in question. It is stated that the petitioners had also filed a Civil Suit No. 104 of 2008 seeking permanent injunction and the respondent no. 7 had also filed a suit under section 229B of the U.P. Zamindari Abolition & Land Reforms Act, 1950 for a declaration of the sale deed as being void. It is stated that in Civil Suit No. 104 of 2008, the Civil Court had also passed an injunction order on 27.02.2008 directing the respondents to maintain status quo.
In our opinion, if the private respondents are interfering with the peaceful possession of the petitioners over the land in question, the petitioners may initiate appropriate proceedings before the civil court with regard to violation of the interim injunction.
The writ petition is, accordingly, dismissed.
Order Date :- 31.5.2019 Amit Mishra