Court No. - 40
Case :- WRIT - C No. - 16776 of 2021 Petitioner :- Shiv Prasad And Another Respondent :- Collector, District-Prayagraj And 5 Others Counsel for Petitioner :- Surendra Pratap Singh Counsel for Respondent :- C.S.C.,Azad Rai
Hon'ble Jayant Banerji,J.
Heard learned counsel for the petitioners and Sri Manvendra Dixit, learned Standing Counsel appearing for the State- respondents.
Notice on behalf of respondent no.4 has been received by Sri Azad Rai, learned counsel.
This petition has been filed for quashing the order dated 19.3.2020, passed by the respondent no.2, Deputy Collector, Tehsil Meja, district Prayagraj in Case No.00993/2020 (State Vs. Shambhu Nath and others), under Section 38(1) of U.P. Revenue Code, 2006.
It is contended by the learned counsel for the petitioners that the order dated 19.3.2020 is wholly without jurisdiction, inasmuch as by an order dated 20.8.2007, passed by this Court in Writ-B No. 38576 of 2007 (Shiv Prasad and another Vs, Settlement Officer of Consolidation and others), this Court was pleased to restrain the respondents as well as police authorities from interfering in the peaceful possession of the petitioners over the land in dispute and the parties to the writ petition were also directed to maintain status quo on the spot. It is contended that under the circumstances, firstly, the revenue court has no jurisdiction in the matter and, secondly, the order impugned is in the teeth of order dated 20.8.2007, passed in the aforesaid writ petition. Learned counsel has also pointed out that the authority, namely, Deputy Collector is party in the aforesaid writ petition No. 38576 of 2007 and as such, the order amounts to contempt of this Court.
On the other hand, learned Standing Counsel has contended that on the application of the petitioner dated 5.5.2020, which has been enclosed as Annexure-4 to the writ petition, an order has been passed by the Sub-divisional Magistrate on 20.7.2020, whereby the order dated 19.3.2020 has been directed to be stayed till disposal of restoration application filed by the petitioners.
In view of the aforesaid fact that the order impugned has already been stayed by the authority concerned, we do not deem it fit to interfere in this petition. It is open for the petitioner to place the entire facts before the authority concerned who, we have no reason to doubt, will look into the matter in accordance with law.
With the aforesaid observations, this petition is disposed of.
Order Date :- 27.7.2021 sfa/ (Jayant Banerji, J)