Court No. - 37
Case :- WRIT - C No. - 2048 of 2019 Petitioner :- Sanjay Kumar Respondent :- State Of U.P. And Another Counsel for Petitioner :- Rahul Mishra Counsel for Respondent :- C.S.C.
Hon'ble Siddhartha Varma,J.
When the petitioner's possession was being disturbed by the State of U.P. a suit being Suit No. 91/95 was filed by the petitioner in which issue no. 1 was framed as to whether the plaintiff (petitioner) was the owner in possession over the plot no. 740 situate in Village Narauli, Pargana Nizamabad, Tehsil Sadar, District Azamgarh area 3 acres 590 kari (1.453 hectares). Thereafter, when the issue was decided in favour of the petitioner, the suit for permanent injunction was decreed. Thereafter, the State of U.P. filed a First Appeal which came to be dismissed on 14.08.2012. The Special Leave Petition filed in the Supreme Court was also dismissed. In the meantime on 17.02.2011 a mutation case was sought to be restored and it was also subsequently restored.
The grievance of the petitioner is that the mutation Court was not deciding the the matter and was only lingering the same and this was resulting in a lot of harassment to the petitioner.
The counsel for the petitioner has submitted that since there was a decree in favour of the petitioner the mutation Court should not have proceeded with the case at all and should have shelved the matter. However, since the mutation Court has restored the case and since the petitioner has also filed his objection it shall be in the fitness of things that the same may be decided within a period of two months from the date of presentation of a certified copy of this order. The petitioner's objection dated 27.06.2018 shall be definitely considered when the mutation case is decided.
The writ petition is disposed of.
Order Date :- 22.1.2019 Mohit Kushwaha