Court No. - 10
Case :- WRIT - C No. - 35249 of 2018 Petitioner :- Shahalam Respondent :- State Of U.P. And 04 Others Counsel for Petitioner :- Gaurav Tripathi,Irshad Husain Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner and learned Standing Counsel.
In view of the order proposed to be passed, notices need not go to private respondent.
The petitioner is before this Court assailing the order dated 11.9.2015 passed by fourth respondent under Section 34 of Land Revenue Act, 1901; order dated 31.7.2017 passed on recall application of the petitioner; order dated 28.3.2018 passed by third respondent under Section 35 (2) of U.P. Revenue Code, 2006 and lastly the order dated 27.7.2018 passed by second respondent under Section 210 of the U.P. Revenue Code, 2006 and for a direction to the respondents not to interfere in possession of the petitioner as the petitioner is still in possession over the land in question.
Learned counsel for the petitioner states that no doubt the aforesaid proceeding is summary in nature but however in the present matter the petitioner has already filed Suit No.09 of 2017 before the Civil Judge (SD), Hapur for injunction and the injunction application is pending consideration. He makes statement at Bar that the petitioner is still in possession over the disputed property and as such it is requested that till the disposal of injunction application the petitioner may not be uprooted from the land in question otherwise he would suffer irreparable loss and injury on the basis of summary proceeding.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue and with the consent, the writ petition stands disposed of asking the trial court to decide the injunction application in the aforesaid suit in question expeditiously and preferably within three months from the date of production of certified copy of this order but certainly after giving opportunity to all the stake holders in the matter.
Order Date :- 29.10.2018 SP/