Court No. - 33
Case :- WRIT - C No. - 19936 of 2019 Petitioner :- Shiv Saran Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Chetan Chatterjee,Anurag Prakash Mishra Counsel for Respondent :- C.S.C.
Hon'ble Manoj Misra,J.
Hon'ble Saurabh Shyam Shamshery,J.
Heard learned counsel for the petitioner, the learned Standing Counsel for the respondent nos.1 and 2 and perused the record.
Considering the nature of the order that we propose to pass, we do not consider it necessary to issue notice to the respondent nos.3 to 5 or to invite counter affidavit from the State respondents therefore, with the consent of the learned Standing Counsel, this writ petition is being disposed of finally.
The grievance of the petitioner is that over his Bhumidhari Plot No.307 at Mauza Gadhina, Pargana and Tehsil Soraon, Distict- Allahabad, the second respondent in collusion with the respondent nos.3 to 5 proposes to construct a road on the land of the petitioner by neither acquiring the land nor paying compensation to the petitioner. It is the case of the petitioner that in respect of the land, Original Suit No.993/2017, is pending between the petitioner and the respondent nos.3 to 5, in which injunction is also operating in favour of the petitioner. But by violating the injunction order, the respondent nos.3 to 5 are interfering in the possession of the petitioner, in connection with which, proceeding under Order 39 Rule 2, A C.P.C. has been drawn against the respondent nos.3 to 5 which has been assigned Misc. Case No.74 of 2017.
The case of the petitioner is that the respondent nos.3 to 5 in collusion with the respondent no.2 are trying to set up a road over the disputed portion of land without following the procedure established by law.
Be that as it may, we deem it appropriate to dispose of this petition by giving liberty to the petitioner to represent his case before the District Magistrate, Allahabad, (Prayagraj). If any such representation is filed along with documents to show title and possession of the petitioner as also the orders passed in the pending suit, the District Magistrate, Allahabad (Prayagraj) shall call for comments from the Sub Divisional Magistrate Soran, Allahabad, (second respondent) and take appropriate decision by a reasoned order after giving opportunity of hearing to the respondent nos.3 to 5, preferably, within a period of next eight weeks.
The writ petition stands disposed off.
It is made clear that we have not expressed any opinion with regard to the title and possession of the petitioner over the land in dispute.
Order Date :- 7.6.2019 SB