Heard learned counsel for the petitioners and Sri Naveen Bajpayee appearing for the respondent.
Suit for permanent injunction was filed by the plaintiff-respondent to restrain the defendants-petitioners from interfering in his possession or forcibly occupying the same. The claim of the plaintiff was based on the fact that the land in dispute was allotted to him on Patta by Gaon Sabha on 22.11.1996 and since then he is in possession of the same. An application for temporary injunction was also moved. Trial court vide order dated 19.3.2007 rejected the application for temporary injunction only the ground that on the basis of the commissioner report, the land is not identifiable. The plaintiff-respondent went up in appeal. The lower appellate court allowed the appeal and set aside the order passed by the trial court and allowed the application for temporary injunction restraining the defendant-petitioners from interfering in his possession over the land in dispute.
Before this Court, learned counsel appearing for the petitioners has admitted that they are unauthorized occupants over the Gaon Sabha land. This Court while exercising discretionary jurisdiction under Article 226 of the Constitution of India is not inclined to interfere in favour of a person who is in unauthorized occupation over the Gaon Sabha land and that too against a person who is allottee of the said land.
In view of the above, the writ petition fails and accordingly stands dismissed.
Order Date :- 21.1.2010 Dcs