Court No. - 9
Case :- WRIT - C No. - 24857 of 2019 Petitioner :- Savitri Devi Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Surendra Kumar Tiwari Counsel for Respondent :- C.S.C.,Awadhesh Kumar
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the petitioner, Shri Awadhesh Kumar, learned counsel appearing for the respondent No.
5 and learned Standing Counsel for the State- respondents.
The petition seeks the following reliefs:-
"(i) issue a writ, order or direction in the nature of mandamuus directing the respondents to restrain the respondent No. 6 not to raise any construction over the land of petitioner as Gata NO. 166 Area 3510 gectare situated in Village- Paikoliya Tappa- Atroh Pargan-Basti Pakshim, Tehsil- Harraiya, District-Basti.
(ii) issue a writ, order or direction in the nature of mandamus directing the respondents to given the possession of Gata No. 166 Area 3510 hectare situate in Village- Paikoliya Tappa- Atroh Pargan-Basti Pakshim, Tehsil- Harraiya, District-Basti in favour of petitioner."
The grievance of the petitioner is that a partition suit has been decided but final decree has not been implemented on the spot.
Under the circumstances, the relief prayed for, which is an injunction which is not liable to be granted by the Writ Court, at this stage.
Petitioner may approach the trial court for execution of the final decree for partition as regards the land in question.
Subject to the above, the writ petition stands disposed of.
Order Date :- 30.7.2019 Priyanka