Court No. - 38
Case :- WRIT - C No. - 18427 of 2018 Petitioner :- Saiyad Ali Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Brahm Prakash Mishra Counsel for Respondent :- C.S.C.
Hon'ble Abhinava Upadhya,J. Hon'ble Abhai Kumar,J.
Heard Sri Brahm Prakash Mishra, learned counsel, appearing for the petitioner and learned Standing Counsel for the State.
The claim of the petitioner is that Arazi Nos. 957 and 958, Mauja Kaspethi, Pargana Kaswar Raja, Tehsil Raja Talab, District Varanasi, is his bhumidhari land. In the said land petitioner claims to be bhumidhar. Initially the petitioner had filed a suit for permanent injunction being Suit No. 191 of 1986 which was decreed in his favour and in execution proceeding the petitioner was put back in possession of the aforesaid land on 6.12.2010 under the police protection.
The grievance today that is being raised by means of this petition that respondent no. 7 has now put a Tin Gomti on the said land without any authentication or authorization. The petitioner tried to persuade him to remove Gomti, but he has not removed it so far.
Learned Standing Counsel was granted time to seek instructions and upon instructions he submits that Gomti has been removed as he has been informed by the S.D.M. Raja Talab by letter dated 27th May, 2018.
Learned counsel for the petitioner however submits that this morning he had talked with his client and he informed that Gomti is still there and has not been removed.
The respondent no. 3 - District Magistrate, Varanasi is directed to ensure that there is no encroachment on the land of the petitioner, namely Arazi Nos. 957 and 958.
With the aforesaid direction, the writ petition is finally disposed of.
Order Date :- 29.5.2018 Ranjeet Sahu (Abhai Kumar, J.) (Abhinava Upadhya, J.)