Court No. - 10
Case :- WRIT - C No. - 27773 of 2018 Petitioner :- Sanjeev Kumar Sahu And Another Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Pradeep Kumar Mishra Counsel for Respondent :- C.S.C.,Vineet Kumar Singh
Hon'ble Vikram Nath,J.
Hon'ble Daya Shankar Tripathi,J.
Heard learned counsel for the petitioner, Ms. Shubhra Singh, learned Standing Counsel for the State- respondents and Sri Vineet Kumar Singh, learned counsel representing respondent no.5.
The Tehsildar, Sadar, District, Jaunpur earlier passed an order dated 16th October, 2017, directing the Station House Officer, Police Station, Line Bazar, District- Jaunpur not to cause any interference, in case, the applicant Rekha Gautam is carrying on any construction activity in her plot, subsequently, it appears that a representation given by respondent no.5, the Tehsildar, Sadar, District, Jaunpur passed an order dated 18.05.2018 directing the S.H.O., District- Jaunpur mentioning that till such time the civil court does not pass any order or the parties do not come to a settlement, parties would maintain status quo at the spot and further that any earlier order passed would stand cancelled.
The first order of 16th October, 2017 is filed as Annexure- 3 to the petition, whereas the order dated 18th May, 2018 has been filed as Annexure-5 to the petition.
In our considered opinion, the Tehsildar, Sadar has no business to deal with the possession of the parties or either to stop raising constructions or to allow raising constructions over any land until and unless there are orders from a competent civil court which needs to be complied with.
We are accordingly of the view that both the orders dated 16.10.2017 and 18.05.2018 passed by the Tehsildar, Sadar, District, Jaunpur (Annexure nos.3 and 5 to the petition) are without jurisdiction.
We accordingly allow this petition and set aside both the orders, referred to above.
Order Date :- 21.8.2018 Ashutosh (Daya Shankar Tripathi,J.) (Vikram Nath,J.)