Court No. - 7
Case :- MATTERS UNDER ARTICLE 227 No. - 1272 of 2021 Petitioner :- Saudan Singh Respondent :- Nihal Singh And 3 Others Counsel for Petitioner :- Ashish Kumar Srivastava Counsel for Respondent :- C.S.C.,Avinash Chandra Srivastava,Harish Chandra Pratap
Hon'ble Ajit Kumar,J.
Heard learned counsel for the parties.
By means of this petition under Article 227 of the Constitution, the order dated 04.12.2020 has come to be assailed on the ground that a public utility land has been recorded as rasta in respect of which the order of temporary injunction has been granted without setting aside the finding of the trial court but has rejected the 6C application.
It is also argued that the said order will come in the way of disposal of cases instituted under Section 67 of the U.P. Revenue Code, 2006.
Since the order is of the status quo between the parties, I do not consider it to be a fit case for interference at this stage. However, since the pleadings have been raised that this order may come in the way of proceedings under Section 67, I hereby dispose of this petition with a direction that the proceedings under Section 67 are independent proceedings in respect of the public utility land and any suit pending between the private parties cannot come in the way. However, since the Gaonsabha is a party in this case, it is hereby provided that after conclusion of the proceedings under Section 67 which is stated to be pending before the concerned authority, it would be open for the Gaonsabha to move an appropriate application seeking modification of the order dated 04.12.2020 to give effect to the execution of the final order passed under Section 67 and if such application is filed, the same shall be considered and decided after giving opportunity of hearing to the parties concerned.
In view of the above, this petition stands disposed of.
Order Date :- 29.7.2021 Shahroz