Court No. - 52
Case :- WRIT - C No. - 19231 of 2019 Petitioner :- Smk Petrochemical India Private Limited And Another Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Suneel Kumar Rai,A.K. Gaur (Senior Advocate) Counsel for Respondent :- C.S.C.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Rajiv Gupta,J.
Heard Sri A.K. Gaur, Senior Advocate, assisted by Sri Sunil Kumar Rai for the petitioners and Standing Counsel for State of U.P.
This writ petition has been filed for quashing the order dated 22.5.2019, passed by Additional District Magistrate (Administration), Meerut (respondent-4).
Earlier, the petitioner approached this court and filed Writ - C No. 15266 of 2019 for quashing the order dated 20.4.2019, passed by Additional District Magistrate (Administration), Meerut (respondent-4), granting police help to Shiv Sadan Sanyukta Sahkari Samiti Ltd., village Bhagvapur Khadar, P.S. Kithaur (respondent-7) for harvesting the crop over the disputed land. This writ petition has been disposed of by order dated 2.5.2019, giving liberty to the petitioners to file a fresh representation, ventilating their grievance, along with certified copy of the order before Additional District Magistrate (Administration), Meerut (respondent-4), who was directed to decide it, after giving opportunity of hearing to the parties.
In pursuance of the order dated 2.5.2019, the petitioner moved his representation before Additional District Magistrate (Administration), Meerut (respondent-4), who called for a report from Sub Divisional Officer, Mavana. Sub Divisional Officer, Mavana after considering the matter, submitted his report dated 4.5.2019, in which he has clearly mentioned that as the dispute between the parties was in relation to possession over immovable property, as such, it could only be adjudicated by civil court. However, without considering the report of Sub Divisional Officer, Additional District Magistrate (Administration), Meerut (respondent-4) by his order dated 22.5.2019, directed for harvesting the crop by administrative authorities and preserving its sale proceeds. Now, by the impugned order, he has permitted respondent-7 to withdraw the amount. Hence, the present writ petition has been filed.
We have considered the arguments of counsel for the petitioners. Essentially, this was a dispute between private parties, in relation to possession over immovable property, therefore, Sub Divisional Officer has rightly observed that such a dispute can be adjudicated by civil court. The petitioner has remedy to file a civil suit before the court concerned.
In the facts of the case, it is provided that in case the petitioner files a civil suit, then it would be decided independently, without being influenced by any observation made by Additional District Magistrate (Administration), Meerut (respondent-4) in the impugned order dated 22.5.2019. The petitioner may also file an application for interim injunction before the civil court for grant of any relief.
With the aforesaid observations, this writ petition is finally disposed of.
Order Date :- 31.5.2019 Jaideep/-