Court No. - 5
Case :- WRIT - C No. - 1311 of 2017 Petitioner :- Senchu Respondent :- Addl.Commissioner,(Administration) Varanasi Div. & 20 Others Counsel for Petitioner :- Gajala Srivastava,Manish Counsel for Respondent :- C.S.C.,Himanshu Pandey,Manoj Kumar Yadav,Shivendra Nath Singh Hon'ble Pankaj Naqvi,J.
Heard Shri Manish, learned counsel for the petitioner, Shri Manoj Kumar Yadav for respondent no.4 and the learned standing counsel.
This writ petition is preferred against the orders dated 19.6.2015 and 27.10.2016 whereby the authorities below in a suit under Section 176 of U.P.Z.A.&L.R Act filed by the husband of the petitioner proceeded to exclude a part of Arazi no.370 over which College is constructed from the suit, with a further direction that at the time of preliminary decree, said property shall fall within the exclusive share of respondent no.5.
Shri Manish, learned counsel for the petitioner has essentially challenged the orders dated 19.6.2015 and 27.10.2016 only to the extent it directs that the said property (college) would fall within the exclusive share of respondent no.5 as the said observation was not within the jurisdiction of the Revenue Court's concerned.
Having heard learned counsel for the parties, Shri Pandey in all fairness submits, that he is not in a position to support the offensive part of the orders.
This court is of the view that the orders dated 19.6.2015 and 27.10.2016 to the extent they direct that part of Arazi No.370 (College) would fall exclusively within the share of respondent no.5 at the time of preliminary decree cannot be sustained, is liable to be set aside.
The writ petition is allowed. The orders dated 19.6.2015 and 27.10.2016 are quashed only to the extent it directs that a part of Arazi No.370 (College) would fall in the exclusive share of respondent no.5. The rest of the order dated 19.6.2015 as affirmed by the revisional order stands confirmed.
The respondent no.3 shall endeavour to decide and conclude the proceedings of Suit numbered as Case No.T20141418018440 as expeditiously as possible without granting any frivolous adjournments. Adjournments if any, shall be for very strong and compelling reasons else would attract cost of not less than Rs.250/- per date to be paid to other side. Parties to appear alongwith a certified copy of the order before the respondent concerned on 2.5.2018.
Order Date :- 29.3.2018 RS